Ex Parte Cedric Bernard James

• Court: Court of Appeals of Texas
• Decided: September 29, 2021
• Docket: 10-21-00125-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00125-CR No. 10-21-00126-CR No. 10-21-00127-CR No. 10-21-00128-CR

EX PARTE CEDRIC BERNARD JAMES

From the 12th District Court Walker County, Texas Trial Court Nos. 29,580, 29,582, 29,584, and 29,578

MEMORANDUM OPINION

Appellant Cedric Bernard James was charged by indictment with the following

offenses:

• Trial Court Cause No. 29,578 - injury to a child, elderly individual, or disabled individual;

• Trial Court Cause No. 29,580 – injury to a child, elderly individual, or disabled individual;

• Trial Court Cause No. 29,582 – robbery; and

• Trial Court Cause No. 29,584 – burglary (Count I) and injury to a child, elderly individual, or disabled individual (Count II). James subsequently filed a pretrial application for writ of habeas corpus in each cause

seeking a bail reduction. The trial court denied each application, and James appealed

from each of the trial court’s orders.

During the pendency of these appeals, James pleaded guilty, pursuant to a plea

agreement, to the offense of injury to a child, elderly individual, or disabled individual

in Trial Court Cause No. 29,578. The trial court deferred an adjudication of James’s guilt

and placed him on deferred adjudication community supervision for eight years.

Additionally, the trial court dismissed the other causes—Trial Court Cause Nos. 29,580,

29,582, and 29,584.

James is therefore no longer subject to pretrial confinement for the charged

offenses. Accordingly, these appeals challenging the trial court’s denial of James’s

pretrial applications for writ of habeas corpus have been rendered moot. See Ex parte

Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (per curiam); Martinez v. State, 826

S.W.2d 620, 620 (Tex. Crim. App. 1992); see also Ex parte Poulis, No. 03-19-00906-CR, 2020

WL 4726744, at *1 (Tex. App.—Austin Aug. 12, 2020, no pet.) (mem. op., not designated

for publication). We thus dismiss these appeals as moot.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed

Ex parte James Page 2 Opinion delivered and filed September 29, 2021 Do not publish [CR25]

Ex parte James Page 3