Ex Parte Gerald Dwayne Carline

• Court: Court of Appeals of Texas
• Decided: May 21, 2009
• Docket: 14-09-00208-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 21, 2009

Dismissed and Memorandum Opinion filed May 21, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00208-CR

EX PARTE GERALD DWAYNE CARLINE

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 1200702

M E M O R A N D U M   O P I N I O N

Appellant was charged with manufacturing with intent to deliver between 28 and 400 grams of a controlled substance.  Appellant filed a pre-trial application for writ of habeas corpus asking the trial court to set a reasonable bond.  The trial court set pre-trial bond at $200,000 and dismissed the application.  Appellant then filed a notice of appeal. 

On May 12, 2009, appellant filed a motion to dismiss the appeal because the issues in this appeal have been rendered moot.  According to the motion, appellant entered a guilty plea to possession of a controlled substance and was sentenced to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice. 

Appellant=s plea renders the issue of pretrial bond 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 this appeal as moot. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

Do Not Publish C Tex.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