Louie Bennett v. The State of Texas--Appeal from 104th District Court of Taylor County

11th Court of Appeals

Eastland, Texas

Opinion

Louie Bennett

Appellant

Vs. No. 11-03-00166-CR B Appeal from Taylor County

State of Texas

Appellee

The clerk=s record was filed in this court on May 16, 2003. The record contains a pro se pre-conviction writ of habeas corpus in which appellant argues that he is illegally restrained because of misidentification and lack of probable cause in the affidavit supporting the arrest warrant. The trial court denied the writ, and appellant perfected this appeal.

Upon receipt of the clerk=s record, the clerk of this court informed the parties in writing that it appeared this court did not have jurisdiction and requested that appellant respond by showing grounds for continuing this appeal. Appellant has filed a pro se response in which he contends that the trial court erred in denying his writ because the trial court never heard any evidence from the State concerning probable cause. We note that appellant=s complaints should be raised in a direct appeal in the event his trial results in a conviction.

This appeal is dismissed for want of jurisdiction.

PER CURIAM

June 5, 2003

Do not publish.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

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

Wright, J., and McCall, J.