Opinion
NO. 03-16-00483-CR
08-24-2017
Ex parte Jamie Petronella
FROM THE DISTRICT COURT OF BLANCO COUNTY, 33RD JUDICIAL DISTRICT
NO. CR01362 , HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Jamie Petronella appeals the denial of a pretrial application for a writ of habeas corpus seeking a bond reduction. We will dismiss the appeal as moot.
BACKGROUND
Petronella was charged by one indictment of two counts of injury to a child causing serious bodily injury. See Tex. Penal Code § 22.04(a)(1). The trial court set bond at $500,000 for each count. Petronella filed an application for a pretrial writ of habeas corpus seeking a bond reduction. A hearing on the application was held on June 24, 2016. The trial court entered an order denying the requested relief and continuing bond in the amount of $500,000 for each count. Petronella appealed from that order. After the parties submitted their appellate briefs to this Court, the clerk's record was supplemented to reflect that, on May 17, 2017, Petronella pled guilty to injury to a child causing serious bodily injury, was convicted of that offense, and was sentenced to 30 years in prison.
DISCUSSION
A defendant may file a pretrial writ of habeas corpus seeking bail reduction or release on personal recognizance bond. Tex. Code Crim. Proc. arts. 11.24, 17.151. However, "where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot." Bennet v. State, 818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.) (internal quotations omitted). An appeal from the denial of a pretrial writ of habeas corpus seeking bail reduction is rendered moot if the defendant is tried and convicted. Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (en banc) (per curiam); Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992).
Since Petronella filed her application for a pretrial writ of habeas corpus seeking bail reduction, the trial court has rendered a judgment of conviction for injury to a child causing serious bodily injury and sentencing Petronella to 30 years in prison. Because Petronella has been convicted of the underlying offense and is no longer subject to pretrial confinement, her appeal from the denial of her pretrial habeas application is moot. See Ex parte Tucker, 3 S.W.3d at 576; Martinez, 826 S.W.2d at 620.
CONCLUSION
Petronella's appeal from the denial of her application for a pretrial writ of habeas corpus seeking a bond reduction is dismissed as moot.
/s/_________
Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed as Moot Filed: August 24, 2017 Do Not Publish