Opinion
01-22-00123-CR
09-20-2022
EX PARTE FLORIBETH SANDOVAL BENJUME
Do not publish. Tex.R.App.P. 47.2(b).
On Appeal from the 461st District Court Brazoria County, Texas Trial Court Case No. 92061-CR
Panel consists of Justices Goodman, Countiss, and Farris.MEMORANDUM OPINION
PER CURIAM
Appellant, Floribeth Sandoval Benjume, appeals the trial court's denial of her pretrial "Application for Writ of Habeas Corpus, Motion to Quash Indictment, and Brief in Support." In her application, appellant alleged that she is "restrained of her liberty as she is on bond, has surrendered her passport to the Court, and has to abide by the conditions of release set forth by [the court]." The supplemental clerk's record demonstrates that appellant was subsequently convicted of the charged offense and filed a notice of appeal from her conviction.
Because appellant is no longer subject to the challenged pretrial restraints and is now confined pursuant to the judgment of conviction and sentence, the trial court's ruling on her pretrial application for writ of habeas corpus has been rendered moot. See Hubbard v. State, 841 S.W.2d 33, 33-34 (Tex. App.-Houston [14th Dist] 1992, no pet.) (citing Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992)); Ex parte Ford, No. 03-19-00638-CR, 2020 WL 102013, at *1 (Tex. App.-Austin Jan. 9, 2020, no pet.) (mem. op., not designated for publication); Ex Parte Joyner, No. 14-11-00775-CR, 2011 WL 5554517, at *1 (Tex. App.-Houston [14th Dist] Nov. 15, 2011, no pet.) (mem. op., not designated for publication).
To the extent any of appellant's issues are not rendered moot, they may be raised and considered in her pending direct appeal from the conviction. See Hubbard, 841 S.W.2d at 33; Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.-Houston [14th Dist.] 1990, no pet.); see also Ex Parte Powell, No. 14-14-00457-CR, 2014 WL 3843819, at *1 (Tex. App.-Houston [14th Dist.] Aug. 5, 2014, no pet.) (mem. op., not designated for publication). When an appellant has a means to address her complaints by way of an appeal from her conviction, her appeal from the denial of pre-trial habeas relief may be dismissed. Joyner, 2011 WL 5554517, at *1 (citing Hubbard, 841 S.W.2d at 33). "Appellant's claims need not be addressed in an appeal from habeas proceedings because they can be raised in an appeal from the conviction itself." Id. (citing Kniatt v. State, 206 S.W.3d 657, 665 (Tex. Crim. App. 2006) (Keller, P.J., concurring)).
Accordingly, we dismiss this appeal.