Opinion
No. 05-08-00994-CR
Opinion issued October 20, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the County Court at Law No. 3, Collin County, Texas, Trial Court Cause No. 002-81238-06.
Before Justices MORRIS, WHITTINGTON, and O'NEILL.
MEMORANDUM OPINION
Richard John Florance, Jr. filed a pretrial application for writ of habeas corpus seeking discharge of his prosecution for refusing to release a fraudulent lien or claim. Following a hearing, the trial judge denied appellant the relief he sought. In three issues, appellant challenges the trial court proceedings and the order denying him relief. The State responds the appeal is moot because appellant has since been convicted of the charged offense. The order denying habeas corpus relief was signed on July 7, 2008. On July 17, 2008, following a jury trial, appellant was convicted of the charged offense and punishment was assessed at 180 days' confinement in jail and a $2000 fine. Thus, the appeal from the trial court's order denying habeas corpus relief is moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex.Crim.App. 1992); Taylor v. State, 676 S.W.2d 135, 136 (Tex.Crim.App. 1984) (per curiam). We dismiss the appeal.
The appeal from that conviction is pending in this Court at cause no. 05-08-00984-CR, styled Richard John Florance, Jr. v. The State of Texas.