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In re Gutierrez

State of Texas in the Fourteenth Court of Appeals
Nov 25, 2014
NO. 14-14-00906-CV (Tex. App. Nov. 25, 2014)

Opinion

NO. 14-14-00906-CV

11-25-2014

IN RE THOMAS GUTIERREZ, Relator


ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 245th District Court Harris County, Texas
Trial Court Cause No. 2013-18031

MEMORANDUM OPINION

On November 12, 2014, relator Thomas Gutierrez filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator claims the capias order is void, and requests that he be discharged from confinement.

On October 9, 2014, the trial court issued an order for a capias when relator failed to appear for an enforcement hearing. Relator was arrested pursuant to the capias on November 6, 2014. Since relator filed this petition, the trial court has entered a contempt judgment ordering relator confined. Because relator is no longer confined pursuant to the capias, but instead, is confined pursuant to the contempt judgment, the relief requested in relator's petition for writ of habeas corpus is moot.

Relator has not shown that he is entitled to a writ of habeas corpus. Accordingly, we deny relator's petition for writ of habeas corpus and his motion for emergency relief.

PER CURIAM Panel consists of Justices McCally, Brown, and Wise.


Summaries of

In re Gutierrez

State of Texas in the Fourteenth Court of Appeals
Nov 25, 2014
NO. 14-14-00906-CV (Tex. App. Nov. 25, 2014)
Case details for

In re Gutierrez

Case Details

Full title:IN RE THOMAS GUTIERREZ, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 25, 2014

Citations

NO. 14-14-00906-CV (Tex. App. Nov. 25, 2014)