Ex Parte Julio J. Lebron

Opinion

ACCEPTED

01-15-00411-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 6/1/2015 1:41:35 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00411-CR In the

Court of Appeals

For the FILED IN 1st COURT OF APPEALS

First District of Texas HOUSTON, TEXAS At Houston 6/1/2015 1:41:35 PM  CHRISTOPHER A. PRINE Clerk

No. 2020596

In County Criminal Court at Law Number 15 Of Harris County, Texas 

EX PARTE JULIO LEBRON Applicant

 STATE’S APPELLATE BRIEF 

DEVON ANDERSON District Attorney Harris County, Texas

DAN MCCRORY Assistant District Attorney Harris County, Texas mccrory_daniel@dao.hctx.net

ERICA ROBINSON MEREDITH PIERCE Assistant District Attorneys Harris County, Texas

1201 Franklin, Suite 600 Houston, Texas 77002 Tel.: 713/755-5826 FAX No.: 713/755-5809

Counsel for Appellee

ORAL ARGUMENT WAIVED

STATEMENT REGARDING ORAL ARGUMENT

Pursuant to TEX. R. APP. P. 39.7, the State waives oral argument since the

issue in this appeal is well settled.

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TABLE OF CONTENTS

STATEMENT REGARDING ORAL ARGUMENT .......................................................... i

INDEX OF AUTHORITIES .............................................................................................. iii

STATEMENT OF THE CASE ........................................................................................... 1

SUMMARY OF THE ARGUMENT .................................................................................. 1

REPLY TO POINT OF ERROR ONE ................................................................................ 2

CONCLUSION ................................................................................................................... 3

CERTIFICATE OF SERVICE ............................................................................................ 4

CERTIFICATE OF COMPLIANCE .................................................................................. 4

APPENDIX ......................................................................................................................... 5

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INDEX OF AUTHORITIES

CASES

Guerrero v. State, 99 S.W.3d 852 (Tex. App.--Houston [14th Dist.] 2003, no pet.) .................................... 2

Perez v. State, 261 S.W.3d 760 (Tex. App.--Houston [14th Dist.] 2008, pet. ref’d) .............................. 2

RULES

TEX. R. APP. P. 39.7.............................................................................................................. i

iii

TO THE HONORABLE COURT OF APPEALS:

STATEMENT OF THE CASE

On October 28, 2014, applicant was charged by information with the offense

of assault of a family member in cause number 1991544. (CR 31). In December of

2014, the State filed a motion for a “magistrate’s order for emergency protection.”

(CR 32). The trial court granted this pretrial motion and placed various restrictions

on applicant for the safety of his victim. (CR 33). On March 6, 2015, the trial

court revoked applicant’s bond and denied him a new bond after applicant violated

the terms of the emergency protection order by contacting the victim’s family. (CR

5, 35).

On April 15, 2015, applicant filed a pretrial application for writ of habeas

corpus in which he asked for the reinstatement of his bond. (CR 5). This writ was

assigned a cause number of 2020596. (CR 5). The trial court denied applicant’s

pretrial application for writ of habeas corpus. (CR 10).

SUMMARY OF THE ARGUMENT

Since applicant’s case was dismissed and he is no longer in custody, any

issue relating to the denial of a pretrial bond is moot.

REPLY TO POINT OF ERROR ONE

In his sole point of error, applicant contends the trial court erred in denying

his request for a pretrial bond because the State failed to prove that he was not

entitled to a bond under the applicable constitutional and statutory provisions.

This Court need not reach the applicant’s substantive argument because his

case (cause number 1991544) was dismissed on May 28, 2015, and he is no longer

in custody.1 Complaints about pretrial bond are rendered moot when the defendant

is no longer in custody. Perez v. State, 261 S.W.3d 760, 765 (Tex. App.--Houston

[14th Dist.] 2008, pet. ref’d); Guerrero v. State, 99 S.W.3d 852, 853 (Tex. App.--

Houston [14th Dist.] 2003, no pet.). Since applicant is no longer in custody, his

appeal should be dismissed as moot. Id.

1 For the Court’s convenience, the dismissal form is attached to this brief as an appendix.

The State will ask the Harris County District Clerk’s Office to provide this Court with a supplemental clerk’s record containing this document.

3

CONCLUSION

It is respectfully submitted that the appeal should be dismissed as moot.

DEVON ANDERSON District Attorney Harris County, Texas

/s/ Dan McCrory DAN McCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 13489950 mccrory_daniel@dao.hctx.net

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CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been sent to the

following email address via TexFile:

Jonathan D. Landers Attorney at Law Jlanders.law@gmail.com

/s/ Dan McCrory DAN McCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 13489950

CERTIFICATE OF COMPLIANCE

The undersigned attorney certifies that this computer-generated document has a word count of 309 words, based upon the representation provided by the word processing program that was used to create the document.

/s/ Dan McCrory DAN McCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-5826 TBC No. 13489950

Date: 6/1/2015

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APPENDIX