Ex Parte Gerald Dwayne Carline
Ex Parte Gerald Dwayne Carline
Opinion
Dismissed and Memorandum Opinion filed May 21, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-09-00208-CR
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EX PARTE GERALD DWAYNE CARLINE
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 1200702
M E M O R A N D U M O P I N I O N
Appellant was charged with manufacturing with intent to deliver between 28 and 400 grams of a controlled substance. Appellant filed a pre-trial application for writ of habeas corpus asking the trial court to set a reasonable bond. The trial court set pre-trial bond at $200,000 and dismissed the application. Appellant then filed a notice of appeal.
On May 12, 2009, appellant filed a motion to dismiss the appeal because the issues in this appeal have been rendered moot. According to the motion, appellant entered a guilty plea to possession of a controlled substance and was sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice.
Appellant=s plea renders the issue of pretrial bond moot. See Ex parte Morgan, 335 S.W.2d 766, 766 (Tex. Crim. App. 1960); Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.CHouston [14th Dist.] 1991, no pet.) (stating that Awhere the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot@).
Accordingly, we dismiss this appeal as moot.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Yates and Frost.
Do Not Publish C Tex. R. App. P. 47.2(b).
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