Opinion
NO. 03-20-00260-CR
07-17-2020
Ex parte Pedro Castillo
FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-20-202515 , THE HONORABLE CHANTAL ELDRIDGE, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Pedro Castillo was charged by indictment with unauthorized use of a motor vehicle. See Tex. Penal Code § 31.07. Appellant filed a pretrial application for writ of habeas corpus seeking release on a personal bond. See Tex. Code Crim. Proc. arts. 11.01, 11.08. The trial court denied the application based on the Executive Order issued by Governor Greg Abbott on March 29, 2020, which purported to suspend statutory provisions relating to the release of defendants on personal bond. Appellant appealed the trial court's order denying his application.
During the pendency of this appeal, the indictment against appellant was dismissed on the State's motion. A supplemental clerk's record filed with this Court contains an order, signed by the trial court on May 7, 2020, dismissing the case. Because the indictment against appellant has been dismissed, he is no longer subject to pretrial confinement for the charged offense. Thus, the appeal of the trial court's denial of appellant's pretrial application for writ of habeas corpus has been rendered moot. See Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999); Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Armendarez v. State, 798 S.W.2d 291, 291 (Tex. Crim. App. 1990); 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 Valero, No. 03-16-00859-CR, 2017 WL 3897264, at *1 (Tex. App.—Austin Aug. 24, 2017, no pet.) (mem. op., not designated for publication); Alexander v. State, No. 03-13-00337-CR, 2014 WL 3562719, at *1 (Tex. App.—Austin July 18, 2014, no pet.) (mem. op., not designated for publication). Accordingly, we dismiss the appeal as moot.
In addition, the supplemental record contains a document, signed by the trial court on the same date, authorizing and directing the Sheriff of Travis County to release appellant.
/s/_________
Edward Smith, Justice Before Justices Goodwin, Triana, and Smith Dismissed as Moot Filed: July 17, 2020 Do Not Publish