Ex Parte Benavides

Full title: EX PARTE ALEJANDRO BENAVIDES, Applicant

Court: Court of Criminal Appeals of Texas

Date published: Oct 4, 2006

No. AP-75,288 (Tex. Crim. App. Oct. 4, 2006)

Opinion

No. AP-75,288

Delivered October 4, 2006. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus from the 187th Judicial District Court Bexar County.

HOLCOMB, J., delivered the opinion of the unanimous Court.

This is a post-conviction habeas corpus proceeding, brought under Article 11.07 of the Texas Code of Criminal Procedure, in which applicant Alejandro Benavides seeks relief in Cause Number 2000-CR-3720W in the 187th Judicial District Court of Bexar County. The relevant facts, as reflected in the habeas record, are as follows. On July 18, 2000, applicant, pursuant to a plea bargain, waived indictment and pled guilty to the felony offense of possession of a controlled substance, to wit: heroin, in the amount of four grams or more but less than 200 grams. See Tex. Health Safety Code § 481.115(a) (d). On September 11, 2000, the trial court assessed applicant's punishment at imprisonment for eight years and a fine of $1,000. Applicant did not appeal. On November 11, 2004, applicant filed an application for writ of habeas corpus in the trial court. In the application, applicant argued that he had been denied his federal constitutional rights to due process of law and equal protection of the laws when, on February 2, 2004, the Texas Board of Pardons and Paroles denied him release on discretionary mandatory supervision. On November 9, 2005, we ordered applicant's application filed and set "to determine the proper remedy when an inmate [i.e., applicant] is denied release to discretionary mandatory supervision after being given inadequate notice of when he would be reviewed, and is not given any further review for mandatory supervision within the next two years because he has been incorrectly classified as ineligible for mandatory supervision." Ex parte Benavides, No. AP-75,288 (Tex.Crim.App.-Nov. 9, 2005). On January 10, 2006, applicant, through his appointed counsel, notified this Court that, on November 22, 2005, he had been released on mandatory supervision. Applicant also asked that his application be dismissed as moot. In view of the foregoing, we dismiss applicant's application as moot.