Court of Civil Appeals of Texas, 2011

Ex Parte Lajuana Tisha Krick

Ex Parte Lajuana Tisha Krick
Court of Civil Appeals of Texas · Decided May 19, 2011

Ex Parte Lajuana Tisha Krick

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00408-CR

EX PARTE LAJUANA TISHA KRICK

------------ FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY ------------ MEMORANDUM OPINION1 ------------ Appellant Lajuana Tisha Krick filed a notice of appeal from the trial court’s denial of her amended motion for personal recognizance bond. This court subsequently received a copy of the trial court’s judgment convicting Krick of second degree aggravated assault and sentencing her to five years’ confinement pursuant to a plea bargain. Therefore, Krick’s appeal of the denial of her amended motion for personal recognizance bond is moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992) (citing Danziger v. State, 786 See Tex. R. App. P. 47.4.

S.W.2d 723 (Tex. Crim. App. 1990), for the proposition that when an applicant for habeas corpus relief has been convicted of the underlying offense and is no longer subject to pretrial confinement, the petition is moot and we do not reach the merits thereof); see also Ex parte Sabur, Nos. 02-02-00305-CR, 02-02- 00306-CR, 02-02-00307-CR, 02-02-00308-CR, 2003 WL 862727, at *1 (Tex. App.—Fort Worth Mar. 6, 2003, no pet.) (mem. op., not designated for publication) (dismissing appeal of denial of relief in pretrial application for writ of habeas corpus in cause number 02-02-00308-CR because judgment had already been rendered in that cause number). Accordingly, we dismiss this appeal.2 See Tex. R. App. P. 43.2(f).

PER CURIAM PANEL: MCCOY, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: May 19, 2011

We do not condone counsel’s delay in filing appellant’s brief nor his failure to amend appellant’s motion to dismiss the appeal with her signature despite assuring our clerks’ office that he had taken steps to do so. See Tex. R. App. P. 42.2(a). The trial court’s judgment indicates that almost a year’s confinement was credited to appellant’s five-year sentence as a result of her remaining incarcerated while she awaited his action.

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