TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00309-CR

Ex parte Robert Fischman

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. D-1-DC-05-700109, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

MEMORANDUM OPINION

Robert Fischman filed a pro se petition for writ of habeas corpus challenging the validity of the indictment pending against him in this cause.1 Although the writ did not issue, Fishman later filed a notice of appeal and the clerk’s record was forwarded to this Court. The Clerk has now received and filed a supplemental record containing the district court’s order dismissing cause number D-1-DC-05-700109 as part of a plea bargain in other causes.

No appeal lies from the refusal to issue a writ of habeas corpus. Ex parte Gonzales, 12 S.W.3d 913, 914 (Tex. App.—Austin 2000, pet. ref’d). In any event, the dismissal order renders the habeas corpus petition moot.

The record contains Fischman’s written waiver of counsel.

The appeal is dismissed.

__________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices Patterson and Pemberton Dismissed for Want of Jurisdiction Filed: June 22, 2006 Do Not Publish