IN THE

TENTH COURT OF APPEALS

No. 10-97-233-CR

EX PARTE TONIEKA JAMES

From the 52nd District Court

Coryell County, Texas

Trial Court # 14,434

MEMORANDUM OPINION

      Tonieka James sought a writ of habeas corpus from the trial court to prevent her extradition to California on a murder charge. Tex. Code Crim. Proc. Ann. art. 51.13 (Vernon 1979). After the trial court denied relief, she filed an appeal.

      The State has provided a copy of the trial court's subsequent “Order Confirming Transferring Prisoner.” The order states that the court heard the State of California's extradition request on May 22, 1997. The court determined that the requirements of article 51.13 had been met, that James was not being unlawfully restrained of her liberty, and that she should be delivered over to California authorities on August 19. The State also provided a copy of its letter to James' appellate attorney stating that James had been transported to California on August 19.

      The State asserts that James' extradition effectively renders her habeas appeal moot. James has not challenged this assertion. We therefore dismiss James' appeal as moot.

                                                                                 BILL VANCE

                                                                                 Justice

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Dismissed

Opinion delivered and filed October 1, 1997

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