Opinion
PD-0123-23
07-19-2023
DO NOT PUBLISH
ON DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY
OPINION
Per curiam.
Appellant is charged with aggravated assault and aggravated robbery. On January 12, 2021, the competency court found Appellant incompetent and committed him for 120 days to restore competency. Appellant filed a pretrial habeas application on May 25, 2021, complaining that he had not yet been transferred to a hospital and requesting immediate release. The trial court denied habeas relief on September 2, 2022. The Court of Appeals affirmed. Ex parte Valero, No. 08-22-00172-CR, LEXIS 901 (Tex. App. - El Paso February 13, 2023, pet. granted). We granted Appellant's petition for discretionary review.
The State has now filed a motion to dismiss, noting that Appellant was transferred to Vernon State Hospital on June 21, 2023. Accordingly, we grant the State's motion and dismiss Appellant's petition.