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Ex Parte Guerrero

Court of Appeals of Texas, Fourteenth District, Houston
Feb 27, 2003
99 S.W.3d 852 (Tex. App. 2003)

Summary

holding that appeal of denial of application for release is rendered moot when appellant posts bond and is released from custody

Summary of this case from Ex parte Follis

Opinion

No. 14-02-01020-CR

Dismissed and Opinion filed February 27, 2003.

On Appeal from the 179th District Court, Harris County, Texas, Trial Court Cause No. 923,979

APPEAL DISMISSED.

Sandy Melamed, Houston, for appellants.

Julie Klibert, Houston, for appellees.

Panel consists of Justices YATES, HUDSON, and FROST.


MEMORANDUM OPINION


Appellant is charged in trial court cause number 921,253 with the offense of possession with intent to deliver a controlled substance, namely cocaine. The trial court set pre-trial bond at $400,000.00. On September 3, 2002, appellant filed a pre-trial application for writ of habeas corpus seeking a bond reduction. After a hearing on September 25, 2002, the trial court lowered the pre-trial bond to $100,000.00. That same day, appellant filed a notice of appeal. On September 27, 2002, the trial court appointed counsel, Sandy Melamed, to represent appellant on appeal. On January 16, 2003, appellant's counsel filed a brief claiming the trial court "committed reversible error in setting appellant's pretrial bail at $100,000."

On February 12, 2003, the State filed a motion to dismiss the appeal as moot. According to the State's motion, on October 4, 2002, the trial court further reduced the bond to $25,000.00. On October 5, 2002, appellant posted bond and was released. In support of the motion, the State filed a supplemental clerk's record containing the trial court's order reducing bond to $25,000.00, and the bond posted by appellant on October 5, 2002. Thus, the State argues, the appeal is moot. We agree.

The longstanding rule in Texas regarding habeas corpus is that "where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot." Bennet v. State, 818 S.W.2d 199, 200 (Tex.App.-Houston [14th Dist.] 1991, no pet.) (quoting Saucedo v. State, 795 S.W.2d 8, 9 (Tex.App.-Houston [14th Dist.] 1990, no pet.)). Accordingly, we dismiss appellant's appeal as moot.

On October 5, 2002, the date appellant posted bond and was released, this appeal became moot. Accordingly, we strongly question appointed counsel's decision to file a brief on January 16, 2003, challenging the trial court's order setting bond at $100,000.00 when the record clearly establishes that bond was reduced to $25,000.00 and appellant was released more than three months before the brief was filed.


Summaries of

Ex Parte Guerrero

Court of Appeals of Texas, Fourteenth District, Houston
Feb 27, 2003
99 S.W.3d 852 (Tex. App. 2003)

holding that appeal of denial of application for release is rendered moot when appellant posts bond and is released from custody

Summary of this case from Ex parte Follis

holding that an appeal from the denial of relief on a pretrial application for writ of habeas corpus seeking bail reduction was rendered moot when the trial court subsequently reduced the bail

Summary of this case from Ex parte Murray

holding that an appeal of a denial of an application for release is rendered moot when appellant posts bond and is released from custody

Summary of this case from Mays v. State

holding that an appeal of a denial of an application for release is rendered moot when appellant posts bond and is released from custody

Summary of this case from Mays v. State

granting State's motion to dismiss appeal of habeas application seeking bond reduction after appellant posted bond and was released

Summary of this case from Ex parte Wenzel

In Guerrero, the appellant filed a pretrial application for writ of habeas corpus seeking a bond reduction, but the trial court subsequently reduced the bond and appellant posted bond.

Summary of this case from Ex parte Sanchez

dismissing as moot appeal from pretrial writ of habeas corpus seeking bond reduction after trial court reduced bond and appellant was released after posting bond

Summary of this case from Ex parte Couch

noting longstanding Texas rule that when premises of pretrial habeas application are destroyed by subsequent developments, the legal issues raised therein are moot

Summary of this case from Ex parte Foster

noting that the longstanding rule in Texas regarding a pretrial writ of habeas corpus is that where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot

Summary of this case from Ex Parte Carter
Case details for

Ex Parte Guerrero

Case Details

Full title:EX PARTE SAMUEL GUERRERO

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Feb 27, 2003

Citations

99 S.W.3d 852 (Tex. App. 2003)

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