IN THE

TENTH COURT OF APPEALS

No. 10-99-249-CR

EX PARTE IVAN C. FRAZIER

From the 40th District Court

Ellis County, Texas

Trial Court # 24,117-CR

MEMORANDUM OPINION

      Ivan C. Frazier filed a pro se pre-trial application for writ of habeas corpus in which he questioned the validity and application of the repeat-offender felony theft statute under which he was indicted. See Tex. Pen. Code Ann. § 31.03(e)(4)(D) (Vernon Supp. 1999). The court denied his application on the Friday before trial. Frazier appeals the denial of his habeas application.

      A jury convicted Frazier of the underlying offense. Therefore, his application for habeas relief is now moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992). Accordingly, we dismiss this appeal. Id.

                                                                               TOM GRAY

                                                                               Justice

Before Chief Justice Davis

            Justice Vance and

            Justice Gray

Appeal dismissed

Opinion delivered and filed September 29, 1999

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