Jeffrey Sharp v. State of Texas

Opinion filed July 7, 2011

In The Eleventh Court of Appeals

__________ No. 11-11-00104-CR

__________ JEFFREY SHARP, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 33rd District Court

Burnet County, Texas Trial Court Cause No. 37328

MEMORANDUM OPINION

Jeffrey Sharp1 filed a notice of appeal in the Third Court of Appeals on March 14, 2011, indicating a desire to appeal his “conviction” in trial court cause no. 37328. The clerk’s record, which has recently been received in this court, indicates that there is no judgment of conviction in cause no. 37328 but that this cause related only to a pre-indictment application for writ of habeas corpus seeking bail. Appellant filed the application on February 18, 2010, and the trial court heard the matter on March 24, 2010. We dismiss the appeal.

Prior to the filing of the notice of appeal in this cause, appellant was indicted, tried, and convicted of the underlying offense under a different cause number: trial court cause no. 38,147, which is cause no. 11-11-00107-CR in our court. Because appellant has already been convicted of the underlying offense and is no longer subject to pretrial confinement, appellant’s appeal relating to the pretrial application for writ of habeas corpus is moot. Martinez v. State, 826 S.W.2d 620 (Tex. Crim. App. 1992).

Appellant’s motion to retain appeal and his motion for extension of time to file the notice of appeal are overruled, and this appeal is dismissed as moot.

PER CURIAM July 7, 2011 Do not publish. See TEX. R. APP. P. 47.2(b).

Panel2 consists of: Wright, C.J., McCall, J., and Hill, J.3