Opinion
NO. WR-77,231-10
12-12-2018
EX PARTE ERNESTO GARCIA ALVAREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 27518 D IN THE 18TH DISTRICT COURT FROM JOHNSON COUNTY Per curiam. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of murder and sentenced to twenty-five years imprisonment.
On September 26, 2018, we abated these proceedings and remanded to the habeas court with instructions to supplement the record and to make findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claims. The habeas court has made such findings and supplemented the record. Those findings reflect that Applicant was paroled and released from custody, and he is currently paroled to Nueces County and living in Robstown. The supplemented record, which includes two sworn affidavits, supports those findings. We adopt the habeas court's findings.
Because Applicant's claims complain that his release from custody is being prevented and the habeas court's findings and supplemented record reflect that he is no longer incarcerated, we dismiss his application as moot. Delivered: December 12, 2018
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