Opinion
No. 05-16-00870-CR
09-14-2016
EX PARTE ARCHIE WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court Rockwall County, Texas
Trial Court Cause No. 2-15-162
ORDER
Before the Court is appellant's September 8, 2016 first motion for extension of time to file appellant's brief. Appellant is appealing the trial court's determination not to grant relief on his pretrial application for writ of habeas corpus alleging he should have been released because of a delay in prosecuting his appeal. See TEX. CODE CRIM. PROC. ANN. art. 17.151 (West. 2015).
The clerk's record filed in this case indicates that on July 20, 2016, the trial court granted the State's motion to dismiss the underlying case on the ground that the case had been reindicted as trial court cause no. 2-16-0307. On July 22, 2016, appellant filed a notice of appeal in trial court cause no. 2-16-0307 which was docketed as appellate cause no. 05-16-00877-CR. The clerk's record in cause no. 05-16-00877-CR has not yet been filed. On August 30, 2016, appellant's trial counsel filed an affidavit with the Court averring that appellant's case was tried on July 18, 2016 and resulted in a conviction and a twenty-year sentence. Appellant has filed two letters with this Court to inform the Court of his new prison mailing address.
It appears the current appeal may be moot. See Danziger v. State, 786 S.W.2d 723, 724 (Tex. Crim. App. 1990) (per curiam) (appeal of pretrial detention rendered moot by conviction of offense).
Accordingly, we DENY appellant's motion for an extension of time to file his brief. We ABATE this appeal. The appeal will be reinstated ninety days after the date of this order or after the filing of the record in cause no. 05-16-00877-CR, whichever is earlier, so that a determination can be made whether the appeal should be dismissed as moot.
/s/ LANA MYERS
JUSTICE