This appeal arises from the denial of a pre-trial petition for writ of habeas corpus on grounds of double jeopardy. On the State's motion, the trial court dismissed the indictment in the underlying criminal case. In this Court, the State filed a motion to dismiss the appeal as moot. The Appellant did not file a response. The indictment under which Bryan was being held has been dismissed, and the appellant has not challenged his restraint under a new indictment. The appeal is moot. See Ex parte Thompson, 685 S.W.2d 338 (Tex. Crim. App. 1985). The State's motion is granted, and the appeal is dismissed as moot.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered March 28, 2007

Do not publish

Before Gaultney, Kreger and Horton, JJ.