Opinion issued February 12, 2009                                                 

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-01014-CR

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SHAWN DEBOSE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1191264

MEMORANDUM OPINION

          Shawn Debose appeals from the denial of his pretrial application for habeas corpus relief. Appellant was charged with possession of marihuana of more than 50 pounds, and less than 200 pounds, and alleged in his writ application that his pre-trial bail set at $80,000 for trial court cause number 1189700 should be lowered.

          Appellant’s counsel, Sam Adamo, has filed with the Clerk of this Court a notice of dismissal of the underlying charges in trial court cause number 1189700 wherein he states:

After filing the notice of appeal with this Court, the state dropped all charges against the defendant. The defendant’s case was picked up by the Federal Government, he was charged on a new indictment, and released from prison. Defendant’s case is already under way in Federal Court. Wherefore, premises considered, defendant prays this Court disregard the pending Writ of Habeas Corpus, cease any further proceedings, and dispose of the case in accordance with the laws of the State of Texas.

          The underlying offense in trial court case number 1189700 has been dismissed and appellant is no longer subject to pretrial confinement in that case. The pretrial writ is therefore moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.).

          The appeal is dismissed as moot.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.

Do not publish. Tex. R. App. P. 47.2.(b).