Opinion
NO. 03-20-00145-CR
06-11-2020
Ex parte Carlos Campos
FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-19-201270 , HONORABLE GEOFFREY PURYEAR, JUDGE PRESIDING MEMORANDUM OPINION
Carlos Campos, who stands charged with the offense of aggravated assault with a deadly weapon, filed with the district court a pretrial application for writ of habeas corpus asserting that his $50,000 bond was excessive. Campos has filed a notice of appeal from the district court's "order or judgment denying relief." However, there is no such order or judgment in the record, and the district clerk has filed a letter with this Court advising us that "[t]here is no indication that such an order was signed by the Judge." Additionally, the record indicates that on March 21, 2020, after Campos's notice of appeal was filed, the district court directed the Travis County Sheriff to release Campos on what appears to be a personal-recognizance bond.
Absent a signed, written order, this Court lacks jurisdiction over this appeal. See State v. Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012). Moreover, if Campos has been released, then the subject matter of this appeal would be moot. See Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.—Houston [14th Dist.] 2003, no pet.) (recognizing that "[t]he longstanding rule in Texas regarding habeas corpus is that 'where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot.'" (quoting Bennet v. State, 818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.)).
On May 27, 2020, the Clerk of this Court sent notice to appellant's counsel informing her that after reviewing the record, it appeared that this Court lacked jurisdiction in this matter. We asked counsel to explain how this Court may exercise jurisdiction over this appeal and advised her that failure to respond by June 8, 2020, may result in dismissal of this appeal. To date, we have received no response from counsel.
We dismiss this appeal for want of jurisdiction.
/s/_________
Gisela D. Triana, Justice Before Chief Justice Rose, Justices Baker and Triana Dismissed for Want of Jurisdiction Filed: June 11, 2020 Do Not Publish