Ex Parte Jon Klein

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 02-22-00211-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-22-00211-CR ___________________________

EX PARTE JON KLEIN

On Appeal from the 78th District Court Wichita County, Texas Trial Court No. DC78-CR2022-0419-1 CTS 1-3

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant Jon Klein was indicted for three counts of aggravated sexual assault.

He filed a pretrial application for a writ of habeas corpus seeking a bond reduction for

those charges. The trial court denied the application, and Klein brought this appeal.

The State has filed an unopposed motion to dismiss this appeal as moot.

According to the motion, the aggravated sexual assault charges against Klein were

dismissed in December 2022, and Klein is no longer confined on those charges. “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 moot.’” Ex parte Cook, No. 02-19-00286-CR, 2019 WL 6335417,

at *1 (Tex. App.—Fort Worth Nov. 27, 2019, no pet.) (mem. op., not designated for

publication) (quoting Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.—Houston

[14th Dist.] 2003, no pet.) (per curiam) (mem. op.)). Accordingly, we grant the State’s

unopposed motion and dismiss Klein’s appeal as moot. See Tex. R. App. P. 42.2(a),

43.2(f).

Per Curiam

Do Not Publish Tex.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

Delivered: February 9, 2023