Ex Parte John E. Craven

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 14-08-00547-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 12, 2009

Dismissed and Memorandum Opinion filed March 12, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00547-CR

EX PARTE JOHN E. CRAVEN

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1170748

M E M O R A N D U M   O P I N I O N

Appellant is charged with aggravated assault on a family member.  The trial court set pre-trial bond at $250,000.  Appellant filed a pre-trial application for writ of habeas corpus seeking a bond reduction.  After a hearing on June 25, 2008, the trial court reduced appellant=s bail to $150,000.  Appellant filed a timely written notice of appeal.

On February 13, 2009, the State filed a motion to dismiss the appeal as moot, asserting that appellant has posted the $150,000 bond set by the trial court and he has been released from custody.  On February 23, 2009, a supplemental clerk=s record was filed.  The supplemental record contains a copy of the bond appellant posted.  Appellant has not responded to the State=s motion.

When the premise of a habeas corpus application is destroyed by subsequent events, the legal issues raised therein are rendered moot.  Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.CHouston [14th Dist.] 1991, no pet.).  An appeal of a denial of an application for habeas corpus is rendered moot when appellant posts bond and is released from custody.  Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.CHouston [14th Dist.] 2003, no pet. 

Accordingly, we dismiss this appeal as moot. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex.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