Opinion
05-22-00241-CR
08-03-2022
EX PARTE IVAN JEROME RANSOM
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 110356-422
Before Justices Partida-Kipness, Pedersen III, and Nowell
MEMORANDUM OPINION
ERIN A. NOWELL JUSTICE
Ivan Jerome Ransom appeals the trial court's order denying his pretrial application for writ of habeas corpus. In a single issue, appellant contends the trial court erred in denying relief because he established the State lacked probable cause to detain him for five felony offenses. The State responds that the case became moot when appellant was indicted, and he has other remedies which preclude habeas relief. Agreeing with the State that the case is now moot, we dismiss the appeal.
Before he is indicted, an accused may file an application for writ of habeas corpus to challenge the existence of probable cause to restrain him. Ex parte Smith, 178 S.W.3d 797, 801 & n.9 (Tex. Crim. App. 2005) (per curiam). However, the return of an indictment establishes probable cause as a matter of law and renders moot any issues regarding probable cause. Ex parte Plumb, 595 S.W.2d 544, 545 (Tex. Crim. App. [Panel Op.] 1980); Ex parte Branch, 553 S.W.2d 380, 381 (Tex. Crim. App. 1977); Ex parte Welch, 729 S.W.2d 306, 308-09 (Tex. App.-Dallas 1987, no pet.); Ex parte Cardenas, 557 S.W.3d 722, 736 (Tex. App.-Corpus Christi-Edinburg 2018, no. pet.).
The record shows appellant was indicted shortly after the appeal was filed. The indictments are filed in a supplemental clerk's record.
Because appellant has been indicted, and the existence of probable cause is the only issue on appeal, this appeal is moot. See Branch, 553 S.W.2d at 381; Welch, 729 S.W.2d at 308-09; Cardenas, 557 S.W.3d at 736; see also, e.g., Ex parte Watson, 05-04-00256-CR, 2004 WL 1663198, at *1 (Tex. App.-Dallas, no pet.) (not designated for publication) (return of indictment established probable cause as matter of law and rendered appeal moot).
Accordingly, we dismiss the appeal.
JUDGMENT
Based on the Court's opinion of this date, the appeal is DISMISSED.