Opinion
NO. 14-06-00599-CR.
Opinion filed January 11, 2007. DO NOT PUBLISH. C TEX. R. APP. P. 47.2(b).
On Appeal from the 176th District Court Harris County, Texas, Trial Court Cause No. 1072786.
Panel consists of Justices Yates, Anderson, and Hudson.
MEMORANDUM OPINION
This is an appeal from the denial of a writ of application for writ of habeas corpus, seeking bond reduction and modification of bail conditions. On December 20, 2006, appellant filed a motion to dismiss the appeal as moot because appellant has made bond. A defendant may file a pretrial writ of habeas corpus seeking bail reduction or release on personal recognizance bond. TEX. CODE CRIM. PROC. ANN. arts. 11.24, 17.151 (Vernon 2005 Supp. 2006). An appeal from the denial of this type of writ is rendered moot if the defendant posts bail and is released. See Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex.App.-Houston [14th Dist.] 2003, no pet.). The dismissal of an appeal under these circumstances is based on the long-held rule that where the premise of the habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot. Id. at 853; Bennet v. State, 818 S.W.2d 199, 200 (Tex.App.-Houston [14th Dist.] 1991, no pet.). Accordingly, we grant appellant's motion and order the appeal dismissed.