Ex Parte John D. Bernard v. the State of Texas
This text of Ex Parte John D. Bernard v. the State of Texas (Ex Parte John D. Bernard v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Memorandum Opinion filed January 18, 2024
In The
Fourteenth Court of Appeals
NO. 14-23-00838-CR
EX PARTE JOHN D. BERNARD
On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1835479
MEMORANDUM OPINION
This is an appeal from the denial of appellant’s application for writ of habeas corpus. On December 13, 2023, appellant filed a motion to dismiss because he signed a plea agreement and the trial court signed a judgment of conviction. Appellant has since been released from custody.
The issues regarding appellant’s pre-trial habeas restraint have been rendered moot by entry of his plea of guilty to the underlying criminal offense. Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—Houston [14th Dist.] 1990, no writ). The longstanding rule in Texas regarding habeas corpus is that “where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.” Id. (citing Ex parte Branch, 553 S.W.2d 380 (Tex. Crim. App. 1997)).
Accordingly, we grant appellant’s motion and dismiss the appeal as moot.
PER CURIAM
Panel Consists of Chief Justice Christopher and Justices Wise and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b)
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