Ex Parte Richard Dewayne Jones

SUBSTITUTE OPINION ON REHEARING

JOHN DONOVAN, Justice.

We issued our original opinion in this case on June 11, 2013. Thereafter, appellant filed a motion for rehearing. We deny appellant’s motion for rehearing, withdraw our previous opinion, vacate our previous judgment, and issue this substitute opinion on rehearing and a new judgment.

Appellant is charged with evading arrest-use of vehicle, a third-degree felony. See Tex. Penal Code Ann. § 38.04 (West Supp.2012). In a pre-trial application for writ of habeas corpus, appellant argued he is illegally restrained because the legislative bill which…