Opinion
04-23-00263-CR
07-08-2024
EX PARTE Elwin Roberto ORTIZ LAGOS
From the County Court, Kinney County, Texas Trial Court No. 11126CR Honorable Dennis Powell, Judge Presiding
ORDER
PER CURIAM
Appellant, Elwin Roberto Ortiz Lagos, filed an application for writ of habeas corpus in the trial court seeking dismissal of the criminal charges pending against him in Kinney County Cause No. 11126CR. The trial court denied the writ, and Ortiz Lagos timely appealed on March 16, 2023.
Several weeks later, on May 26, 2023, the State filed a motion to dismiss the charges in Ortiz Lagos's underlying criminal case. The trial court granted the motion and dismissed the charges against Ortiz Lagos on May 30, 2023.
The original clerk's record was filed on March 31, 2023. For reasons that do not appear in the record, the State's May 26, 2023 motion to dismiss and trial court's May 30, 2023 dismissal order were not filed with this Court until the trial court filed a supplemental clerk's record on June 26, 2024.
In light of the trial court's order dismissing the underlying criminal case against Ortiz Lagos, this appeal appears to be moot. See Ex parte King, No. 05-20-00781-CR, 2021 WL 5817329, at *1 (Tex. App.-Dallas Dec. 7, 2021, no pet.) (mem. op., not designated for publication); Ex parte Sewell, 495 S.W.3d 54, 55 (Tex. App.-Houston [14th Dist.] 2016, no pet.); Ex parte Hopkins, No. 05-96-00996-CR, 1997 WL 466521, at *1 (Tex. App.-Dallas Aug. 15, 1997, no pet.) (not designated for publication). This court therefore ORDERS Ortiz Lagos to file a response to this order no later than July 18, 2024, showing how this appeal is not moot. If Ortiz Lagos fails to file a response showing that this appeal is not moot, we will dismiss this appeal for want of jurisdiction.
It is so ORDERED.