Opinion
No. 05-04-00256-CR
Opinion Filed July 27, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 416-00412-04. Dismissed.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
OPINION
Demetric Omar Watson is charged with capital murder. He filed a pretrial application for writ of habeas corpus claiming there was no probable cause to detain him or, alternatively, asking that bail be set. Following a hearing, the trial court denied relief on appellant's probable cause complaint, but set bail at $250,000. This appeal followed. Appellant has filed a brief in which he states that an indictment has been returned and he is not challenging the $250,000 bail in this appeal. The return of an indictment establishes probable cause as a matter of law rendering appellant's complaint moot. Ex parte Plumb, 595 S.W.2d 544, 545 (Tex.Crim.App. [Panel Op.]1980). Because there are no issues before the Court that require resolution, we conclude the appeal is moot. Accordingly, we dismiss the appeal.