Ex Parte: Slade Alan Moore ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-20-00066-CR
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Appeal from the
EX PARTE: §
County Court
SLADE ALAN MOORE §
of Andrews County, Texas
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(TC# 19-0258)
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MEMORANDUM OPINION ON REHEARING
The opinion and judgment issued on April 9, 2020 are hereby withdrawn. The following is
the opinion of this Court.
Slade Alan Moore has moved for reconsideration of this Court's decision to dismiss this
appeal for want of jurisdiction. We will grant the motion and reinstate the appeal.
The Court initially dismissed this case because it appeared Appellant was attempting to
appeal from an order denying a motion to quash an indictment, which is not an appealable
interlocutory order. See Webb v. State, Nos. 10-12-00365-CR, 10-12-00366-CR, 2012 WL
5697585, at *1 (Tex.App.—Waco Nov. 15, 2012, no pet.). However, on rehearing, Appellant
clarified that he sought to appeal the denial of his pre-trial application for writ of habeas corpus
challenging the constitutionality of a statute. The denial of a pretrial habeas corpus writ application
is a final appealable order. See Ex parte Hinojos, No. 08-17-00077-CR, 2018 WL 6629678, at *1
(Tex.App.—El Paso Dec. 19, 2018, pet. ref’d)(not designated for publication)(noting that pretrial
habeas corpus proceedings are separate criminal actions allowing the applicant the right to an
immediate appeal before trial begins); see also Greenwell v. Court of Appeals for the Thirteenth
Dist., 159 S.W.3d 645, 650 (Tex. 2005)(claims raised in a pretrial habeas application may be
immediately reviewed in a direct pretrial appeal, even where the same claims could not be
reviewed pretrial absent explicit statutory authorization if those claims had been raised simply by
pretrial motion).
Therefore, we grant Appellant’s motion to reconsider and reinstate this appeal. We hereby
order the appellate timelines in this case to be reestablished. The reporter’s record is due thirty
days from the date of this opinion.
April 30, 2020
YVONNE T. RODRIGUEZ, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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