Ex Parte Rodriguez

OPINION

MORRISON, Judge.

An indictment is pending in the 147th District Court of Travis County, Texas, charging that appellant was guilty of driving while intoxicated as a second offender in that he had theretofore been convicted in 1958 for the misdemeanor offense and thereafter in 1966 drove a motor vehicle while intoxicated.

By writ of habeas corpus appellant seeks to challenge the validity of the 1958 conviction prior to trial on the merits for the 1966 offense. This he may not do. Appellant in his application filed in the trial court attacks the validity of the indictment alleging that it…