Ex Parte Marcial Fernandez

• Court: Court of Appeals of Texas
• Decided: November 4, 2010
• Docket: 14-10-00844-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 4, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00844-CR

EX PARTE MARCIAL FERNANDEZ

On Appeal from the 400th District Court

Fort Bend County, Texas

Trial Court Cause No. 10-DCR-055026

MEMORANDUM OPINION

This is an appeal from the denial, in part, of appellant’s application for pre-trial writ of habeas corpus seeking a reduction in bond.^[1]  On October 29, 2010, appellant filed a motion to dismiss the appeal as moot because he was able to make bail and has been released on bond.  See Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.—Houston [14th Dist.] 2003, no pet.) (per curiam) (when premises of habeas application are destroyed by subsequent developments, legal issues raised therein are moot).

We grant the motion and order the appeal dismissed.  We direct the clerk of the court to issue the mandate of the court immediately.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Brown.

Do Not Publish C Tex.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

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^[1]  The trial court granted relief in part, reducing appellant’s bond from $100,000 to $80,000.