Opinion
NO. 03-16-00859-CR
08-24-2017
Ex parte Augustine Valero
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. C2016-1096X , THE HONORABLE GARY L. STEEL, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Augustine Valero appeals the trial court's order denying his pretrial application for writ of habeas corpus seeking bail reduction or release on personal recognizance bond. See Tex. Code Crim. Proc. arts. 11.24, 17.151.
The State has filed a motion to dismiss the appeal as moot because, during the pendency of this appeal, appellant pled guilty to and was convicted of the underlying offense for which he was arrested and confined. Attached to its motion, the State provided certified copies of three judgments of conviction reflecting that appellant was convicted of continuous family violence, see Tex. Penal Code § 25.11, family violence assault by occlusion, see id. § 22.01(a), (b-1), and family violence assault with a prior conviction, see id. § 22.01(a), (b)(2)(B), and was sentenced to confinement for ten years in the Texas Department of Criminal Justice for each of these offenses, see id. §§ 12.33, 23.34.
Because appellant has now been convicted and sentenced to prison, he is no longer subject to pretrial confinement. Thus, the appeal of the trial court's ruling on 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); 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); Ex Parte Foster, No. 02-11-00075-CR, 2012 WL 42934, at *1 (Tex. App.—Fort Worth Jan. 5, 2012, no pet.) (mem. op., not designated for publication); Delangel v. State, 132 S.W.3d 491, 494 (Tex. App.—Houston [1st Dist.] 2004, no pet.). Accordingly, we grant the State's motion and dismiss the appeal as moot.
/s/_________
Melissa Goodwin, Justice Before Chief Justice Rose, Justices Pemberton and Goodwin Dismissed as Moot Filed: August 24, 2017 Do Not Publish