IN THE TENTH COURT OF APPEALS No. 10-15-00218-CR EX PARTE MARCUS PILKINGTON

From the 54th District Court McLennan County, Texas Trial Court No. 2015-2154-2

ORDER

Appellant’s motion for rehearing is dismissed as moot because, as confirmed in a letter from his counsel of record, Appellant has been indicted, which establishes probable cause as a matter of law and thus renders moot his habeas proceeding. See Ex parte Welch, 729 S.W.2d 306, 309 (Tex. App.—Dallas 1987, no pet.) (citing Ex parte Plumb, 595 S.W.2d 544, 545 (Tex. Crim. App. [Panel Op.] 1980) (“The return of an indictment establishes probable cause as a matter of law.”)).

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins (Chief Justice Gray concurs without opinion) Order issued and filed December 23, 2015 Do not publish