Opinion
No. 05-04-00922-CR
Opinion Filed November 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 282nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-58257-JS. Affirmed.
Before Chief Justice THOMAS and Justices WHITTINGTON and FRANCIS.
MEMORANDUM OPINION
Filmon Fasil Berhe was a member of a the Alpha Phi Alpha fraternity at Southern Methodist University (SMU). He, along with several others, required Braylan Curry, another SMU student who was pledging the fraternity, to consume large quantities of water as part of Curry's initiation. As the result of drinking the large amount of water, Curry suffered convulsions and was hospitalized in intensive care. Berhe has been charged by indictment with the felony offense of aggravated assault causing serious bodily injury. By pretrial writ of habeas corpus, appellant claimed the charge arose out of a hazing incident, and thus the prosecution should be brought under the more specific hazing statute. Because hazing is a misdemeanor, appellant contended the district court has no jurisdiction over the prosecution. The trial court denied relief. In Ex parte Smith, No. 05-04-00832-CR (Tex.App.-Dallas, Nov. 19, 2004, no pet. h.), this Court held that appellant's in pari materia claim was not cognizable by pretrial writ of habeas corpus. Accordingly, we affirm the trial court's order.
See Tex. Pen. Code Ann. §§ 22.01, 22.02(a)(1) (Vernon Supp. 2004-05).
See Tex. Educ. Code Ann. § 37.152 (Vernon 1996).