Opinion
No. 10-15-00219-CR
12-23-2015
From the 54th District Court McLennan County, Texas
Trial Court No. 2015-2155-2
ORDER
Appellant's motion for rehearing is dismissed as moot because, as confirmed in a letter from his counsel, Appellant has been indicted, which establishes probable cause as a matter of law and thus renders moot his habeas proceeding. See Ex parte Welch, 729 S.W.2d 306, 309 (Tex. App.—Dallas 1987, no pet.) (citing Ex parte Plumb, 595 S.W.2d 544, 545 (Tex. Crim. App. [Panel Op.] 1980) ("The return of an indictment establishes probable cause as a matter of law.")).
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins (Chief Justice Gray concurs without opinion)
Order issued and filed December 23, 2015
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