Court of Civil Appeals of Texas, 2011

Ex Parte Arthur Lee McCullough

Ex Parte Arthur Lee McCullough
Court of Civil Appeals of Texas · Decided May 25, 2011

Ex Parte Arthur Lee McCullough

Opinion

 

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00387-CR

 

Ex parte Arthur Lee McCullough

 

 

 


From the 12th District Court

Walker County, Texas

Trial Court Nos. 25,310, 25,213

 

memorandum Opinion

 

This is a pro se appeal of the trial court’s denial of Appellant Arthur Lee McCullough’s pretrial application for writ of habeas corpus.  That application, which was filed on October 7, 2010, alleged that McCullough had been arrested for the offense of possession of a controlled substance on July 1, 2010, that McCullough was unable to post the $25,000 bond, and that more than ninety days has passed and the State was not ready for trial.  The application sought a personal bond or a reduced bond.

McCullough filed a pro se notice of appeal with this Court on October 28, 2010.  It states that McCullough is appealing the trial court’s October 12 ruling denying his application for writ of habeas corpus.  We abated this cause for a hearing in the trial court after McCullough’s brief was not timely filed.  We have received a reporter’s record of the trial-court hearing and a supplemental clerk’s record containing a judgment of conviction in cause number 25,213.

The reporter’s record reflects confusion about this appeal, but it also reflects that cause number 25,213 involved the charge for possession of a controlled substance and that McCullough pled guilty to that charge on March 14, 2011.  The March 14 judgment of conviction in cause number 25,213 identifies the offense as possession of a controlled substance and the date of offense as July 1, 2010.

Because McCullough was convicted under a guilty plea, this appeal is dismissed as moot.  See Oldham v. State, 5 S.W.3d 840, 846 (Tex. App.—Houston [14th Dist.] 1999, pet. ref’d) (“Issues concerning pretrial bail are moot after the accused is convicted.”); see also Ex parte Webb, No. 10-09-00394-CR, 2010 WL 2404650 (Tex. App.—Waco June 16, 2010, no pet.) (mem. op., not designated for publication) (dismissing as moot appeal on pretrial bail reduction because of appellant’s guilty plea).

 

 

REX D. DAVIS

Justice

 

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Dismissed

Opinion delivered and filed May 25, 2011

Do not publish

[CR25]


 

v.

 

The State of Texas,

                                                                      Appellee

 

 

 


From the 262nd District Court

Harris County, Texas

Trial Court Nos. 980,441 and 980,442

 

MEMORANDUM Opinion

 


            Appellant has filed motions to dismiss these appeals under Rule of Appellate Procedure 42.2(a).  See Tex. R. App. P. 42.2(a); McClain v. State, 17 S.W.3d 310, 311 (Tex. App.CWaco 2000, no pet.) (per curiam).  We have not issued decisions in these appeals.  Appellant personally signed the motions.  The Clerk of this Court has sent a duplicate copy to
the trial court clerk. 
Id.  Accordingly, the appeals are dismissed.

                                                                   PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeals dismissed

Opinion delivered and filed September 1, 2004

Do not publish

[CR25]

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