Opinion
04-23-00868-CR
11-01-2023
EX PARTE Oscar Gamboa QUEZADA
From the County Court, Kinney County, Texas Trial Court No. 11369CR Honorable Susan D. Reed, Judge Presiding
ORDER
IRENE RIOS, JUSTICE
Appellant, Oscar Gamboa Quezada, filed an application for writ of habeas corpus in the trial court seeking dismissal of the criminal charges pending against him in Kinney County Cause No. 11369CR. The trial court denied the writ, and Quezada timely appealed on September 21, 2023.
A few days later, on September 26, 2023, the State filed a motion to dismiss the charges in Quezada's underlying criminal case. The trial court granted the motion and dismissed the charges against Quezada on September 27, 2023.
In light of the trial court's order dismissing the underlying criminal case against Quezada, this appeal appears to be moot. See Ex parte King, No. 05-20-00781-CR, 2021 WL 5817329, at *1 (Tex. App.-Dallas Dec. 7, 2021, no pet.) (mem. op., not designated for publication); Ex parte Sewell, 495 S.W.3d 54, 55 (Tex. App.-Houston [14th Dist] 2016, no pet.); Ex parte Hopkins, No. 05-96-00996-CR, 1997 WL 466521, at *1 (Tex. App.-Dallas Aug. 15, 1997, no pet.) (not designated for publication). This court therefore ORDERS Quezada to file a response to this order no later than November 13, 2023, showing how this appeal is not moot. If Quezada fails to file a response showing that this appeal is not moot, we will dismiss this appeal for want of jurisdiction.