Ex Parte Calvin T. Powell

Dismissed and Memorandum Opinion filed August 5, 2014.

In The

Fourteenth Court of Appeals NO. 14-14-00325-CR EX PARTE CALVIN T. POWELL On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1378175

MEMORANDUM OPINION

Appellant filed a notice of appeal from the denial of his pro se pre-trial application for writ of habeas corpus alleging he was illegally restrained in the underlying criminal case.1 On June 17, 2014, appellant entered a plea of guilty to delivery of between four and 200 grams of cocaine in the companion case docketed in cause number 1396247. The trial court sentenced appellant to confinement in the Institutional Division of the Texas Department of Criminal Justice for twelve years. Appellant filed a notice of appeal from the conviction, and the appeal is pending in this court under our appellate case number 14-14-00567-CR. Because appellant was convicted in cause number 1396247, the State moved to dismiss the underlying criminal in this cause. On June 17, 2014, the trial court signed an order dismissing the cause docketed under number 1378175.

A conviction after a plea of guilty generally renders issues regarding pre- trial restraint 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.—Houston [14th Dist.] 1991, no pet.) (stating that “where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.”). Similarly, the dismissal of the underlying case also renders issues related to pre-trial restraint moot. See Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.).

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices McCally, Brown, and Wise.