Court of Civil Appeals of Texas, 2009

Ex Parte Gerald Dwayne Carline

Ex Parte Gerald Dwayne Carline
Court of Civil Appeals of Texas · Decided May 21, 2009

Ex Parte Gerald Dwayne Carline

Opinion

Dismissed and Memorandum Opinion filed May 21, 2009

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Do Not Publish C Tex.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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