11th Court of Appeals

Eastland, Texas

Opinion

In re Charail McDaniel

            No. 11-03-00315-CR – Original Proceeding

            Charail McDaniel has filed in this court a motion for rehearing. The motion for rehearing is granted; our opinion and judgment dated October 23, 2003, are withdrawn; and McDaniel’s arguments are resubmitted to the court.

            In his motion for rehearing, McDaniel contends that this court has jurisdiction to grant a postconviction writ of habeas corpus because he is challenging a misdemeanor conviction and not a felony conviction. McDaniel correctly states that TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon Supp. 2003) does not apply to misdemeanor convictions.

            We have reconsidered McDaniel’s arguments raised both in his original motion “to dismiss evading arrest no probable cause” which asks for habeas corpus relief and his motion for rehearing. Regardless of whether the challenged conviction is for a felony or a misdemeanor, McDaniel has not invoked the original habeas corpus jurisdiction of this court.

            The motion “to dismiss evading arrest no probable cause” is overruled, and the proceeding is dismissed.

                                                                                    PER CURIAM

November 20, 2003

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.