Ex Parte Christine Paolilla

• Court: Court of Appeals of Texas
• Decided: February 5, 2009
• Docket: 14-08-00858-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 5, 2009

Dismissed and Memorandum Opinion filed February 5, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00858-CR

EX PARTE CHRISTINE PAOLILLA

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1177981

M E M O R A N D U M   O P I N I O N

Appellant was charged with the offense of capital murder.  Appellant filed a pre-trial application for writ of habeas corpus seeking dismissal of the capital murder prosecution.  Appellant has been convicted of capital murder and her appeal is now pending in this court.  (Appeal number 14-08B00963-CR).  Appellant=s conviction renders the issue raised in her pre-trial application for writ of habeas corpus 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.CHouston [14th Dist.] 1991, no pet.) (stating that Awhere the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.@). 

Accordingly, we dismiss appellant=s appeal as moot. 

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).