Opinion
No. 14-08-00547-CR
Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 176th District Court Harris County, Texas, Trial Court Cause No. 1170748.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
Appellant is charged with aggravated assault on a family member. The trial court set pre-trial bond at $250,000. Appellant filed a pre-trial application for writ of habeas corpus seeking a bond reduction. After a hearing on June 25, 2008, the trial court reduced appellant's bail to $150,000. Appellant filed a timely written notice of appeal. On February 13, 2009, the State filed a motion to dismiss the appeal as moot, asserting that appellant has posted the $150,000 bond set by the trial court and he has been released from custody. On February 23, 2009, a supplemental clerk's record was filed. The supplemental record contains a copy of the bond appellant posted. Appellant has not responded to the State's motion. When the premise of a habeas corpus application is destroyed by subsequent events, the legal issues raised therein are rendered moot. Ex parte Bennet, 818 S.W.2d 199, 200 (Tex.App.-Houston [14th Dist.] 1991, no pet.). An appeal of a denial of an application for habeas corpus is rendered moot when appellant posts bond and is released from custody. Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex.App.-Houston [14th Dist.] 2003, no pet. Accordingly, we dismiss this appeal as moot.