Ex Parte Norton

OPINION ON STATE’S PETITION FOB DISCRETIONARY REVIEW

PER CURIAM.

Applicant filed an application for writ of habeas corpus alleging that he was entitled to discharge pursuant to Tex.Code Crim. Proe. Ann. art. 32.01 because he was indicted outside “the next term of court” as set out in art. 32.01. The trial judge denied relief and applicant appealed. The court of appeals reversed the trial court’s denial of habeas relief. Norton v. State, 918 S.W.2d 25 (Tex.App. — Hous. [14th Dist.] 1996). We granted review to determine the correctness of that decision.

However, after carefully considering the two question for review and the briefs before us, we find that our decision to grant the State’s petition for discretionary review was improvident. Accordingly, the petition for discretionary review is dismissed.

MANSFIELD, J., dissents.