Ex Parte Kelly Ann Newman

• Court: Court of Appeals of Texas
• Decided: February 15, 2023
• Docket: 10-23-00031-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00031-CR No. 10-23-00032-CR No. 10-23-00033-CR

EX PARTE KELLY ANN NEWMAN

From the County Court at Law No. 1 Brazos County, Texas Trial Court Nos. 17-02130-CRM-CCL1, 17-02131-CRM-CCL1, and 19-00278-CRM-CCL1

MEMORANDUM OPINION

In each of these three cases, Kelly Ann Newman appeals from the denial of her

pretrial application for writ of habeas corpus seeking bail reduction. Newman has now

filed a “Motion to Nonsuit & Dismiss Application for Writ of Habeas Corpus,” stating

that these appeals have been rendered moot.

We construe Newman’s “Motion to Nonsuit & Dismiss Application for Writ of

Habeas Corpus” as a motion to dismiss these appeals. See TEX. R. APP. P. 42.2(a).

Newman, however, did not personally sign the motion. See id. The motion to dismiss appeal is therefore denied because it does not comply with Rule of Appellate Procedure

42.2(a). See id.

Nevertheless, on February 2, 2023, the trial court revoked Newman’s community

supervision in each of the underlying cases after accepting Newman’s plea of true to the

allegations in the State’s motion to revoke; therefore, Newman is no longer subject to

pretrial confinement. Accordingly, these appeals challenging the trial court’s denial of

Newman’s pretrial applications for writ of habeas corpus have been rendered moot. See

Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (per curiam); Martinez v. State,

826 S.W.2d 620, 620 (Tex. Crim. App. 1992); see also Ex parte Poulis, No. 03-19-00906-CR,

2020 WL 4726744, at *1 (Tex. App.—Austin Aug. 12, 2020, no pet.) (mem. op., not

designated for publication). We thus dismiss these appeals as moot.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed February 15, 2023 Do not publish [CR25]

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