Ex Parte Jesse Ruiz v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00604-CR

Ex parte Jesse Ruiz

FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-23-300413, THE HONORABLE BRANDY MUELLER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Jesse Ruiz appeals from the trial court’s denial of his pretrial application for writ of habeas corpus challenging his bond amount. See Tex. Code Crim. Proc. arts. 11.08, 11.24. Ruiz was indicted for six counts of second-degree sexual assault of a child, and the trial court set his bond at $50,000. See Tex. Penal Code § 22.011(a)(2). A supplemental clerk’s record filed in this case shows that, while this appeal was pending and pursuant to a plea bargain, Ruiz was convicted of third-degree injury to a child with intent to commit bodily injury and sentenced to three years’ confinement. See id. § 22.04(f).

Because Ruiz has been convicted and sentenced, he is no longer subject to pretrial confinement, and his appeal challenging the amount of pretrial bond has been rendered moot. See Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999); Danziger v. State, 786 S.W.2d 723, 724 (Tex. Crim. App. 1990); Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Armendarez v. State, 798 S.W.2d 291, 291 (Tex. Crim. App. 1990).

Accordingly, we dismiss as moot Ruiz’s appeal from the denial of his pretrial habeas application.

See Tex. R. App. P. 43.2(f).

__________________________________________ Rosa Lopez Theofanis, Justice Before Justices Triana, Theofanis, and Crump Dismissed as Moot Filed: May 30, 2025 Do Not Publish