Ex Parte Joseph Colone v. the State of Texas
This text of Ex Parte Joseph Colone v. the State of Texas (Ex Parte Joseph Colone 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
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-22-00359-CR __________________
EX PARTE JOSEPH COLONE __________________________________________________________________
On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-10213 __________________________________________________________________
MEMORANDUM OPINION
Joseph Colone appealed from an order denying his application for a writ of
habeas corpus. On December 19, 2023, Colone filed a motion to dismiss the appeal
as moot because he has pleaded guilty and the case upon which he had been seeking
bail is now disposed and a final sentence has been imposed in this case. The State
agrees that the appeal is moot and should be dismissed. Issues regarding pretrial bail
are moot when the accused is no longer subject to pretrial confinement. See Martinez
v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Bennet v. State, 818 S.W.2d
199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.). Accordingly, we dismiss
the appeal as moot. See Tex. R. App. P. 43.2(f).
1 APPEAL DISMISSED.
PER CURIAM
Submitted on January 16, 2024 Opinion Delivered January 17, 2024 Do Not Publish
Before Horton, Johnson and Wright, JJ.
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