APPELLANT

PER CURIAM

This is an appeal from an order of the district court denying appellant the relief sought in his application for writ of habeas corpus. Tex. R. App. P. 44. In a single point of error, appellant contends the court erroneously refused to order his release from pretrial confinement pursuant to Tex. Code Crim. Proc. Ann. art. 17.151 (West Supp. 1993).

Both appellant and the State have filed motions to dismiss this appeal. According to the motions, appellant has been tried and convicted in this cause, thereby mooting the question of his entitlement to pretrial release.

The motions to dismiss are granted and the appeal is dismissed.

[Before Justices Powers, Kidd and B. A. Smith]

Dismissed

Filed: March 10, 1993

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