Ex Parte: David Dowe v. State

Opinion

Affirmed and Opinion Filed February 28, 2017

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01151-CR

EX PARTE DAVID DOWE

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. WX16-90018-J

MEMORANDUM OPINION Before Justices Bridges, Evans, and Schenck Opinion by Justice Bridges On September 14, 2016, David Dowe filed an appeal of the trial court’s order denying

him the relief sought by his application for writ of habeas corpus seeking to release him from an

extradition order. Appellant questioned whether a magistrate judge’s rejection, alone, of an

application for writ of habeas corpus was sufficient to support the writ denial. Appellant argued

that because the magistrate judge signed the order adopting the magistrate’s findings and

recommendations, and not the district judge, there was insufficient evidence to support the denial

of the writ of habeas corpus. On February 2, 2017, we issued a memorandum opinion reversing

the trial court’s order denying habeas corpus relief and remanding the case to the trial court for

clarification as to whether the district judge adopted the findings and recommendations of the

magistrate. On February 14, 2017, we received a supplemental clerk’s record that contains an

order, signed by the district judge, that adopts the magistrate’s findings and recommendations and specifically denies the application for writ of habeas corpus. Thus, appellant’s only issue in

this appeal is now moot.

Accordingly, we affirm the trial court’s order denying the relief sought by appellant’s

application for writ of habeas corpus.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47 161151F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE DAVID DOWE On Appeal from the Criminal District Court No. 3, Dallas County, Texas No. 05-16-01151-CR Trial Court Cause No. WX16-90018-J. Opinion delivered by Justice Bridges. Justices Evans and Schenck participating.

Based on the Court’s opinion of this date, the trial court’s order denying the relief sought by the application for writ of habeas corpus is AFFIRMED.

Judgment entered February 28, 2017.

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