Ex Parte Jordan Anthony Winters v. the State of Texas

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-25-00149-CR

EX PARTE JORDAN ANTHONY WINTERS

On Appeal from the 69th District Court Moore County, Texas

Trial Court No. 6753, Honorable Kimberly Allen, Presiding

June 26, 2025

MEMORANDUM OPINION

Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Jordan Anthony Winters, was acquitted, by reason of insanity, of evading arrest or detention. 1 Following his acquittal, he remained jailed in Moore County pending further proceedings pursuant to article 46C.160 of the Code of Criminal Procedure. Through application for habeas corpus, he also sought release from custody, arguing that he was detained beyond the period permitted under article 46C.160. The trial court denied relief. He appealed. Pending appeal, the trial court ordered his discharge and release.

1 See TEX. PENAL CODE ANN. § 38.04.

Since Appellant is no longer in custody or restrained, the legal issues underlying this appeal are moot. See Weise v. State, 55 S.W.3d 617, 619 (Tex. Crim. App. 2001) (“[A habeas corpus] applicant must be illegally restrained to be entitled to relief.”); Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—Houston [14th Dist.] 1990, no writ) (“Where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.”). Because we have no jurisdiction to decide moot controversies and issue advisory opinions, we directed the parties to show how the Court has jurisdiction over the appeal. See Ex parte Huerta, 582 S.W.3d 407, 411 (Tex. App.—Amarillo 2018, pet. ref’d). Both Appellant and the State concede that the appeal is moot and that the Court lacks jurisdiction.

Consequently, we dismiss the appeal for want of jurisdiction.

Per Curiam

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