Ex Parte: Patrick Temple

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-92-043-CR

EX PARTE: PATRICK TEMPLE,

APPELLANT

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. 920057, HONORABLE JON N. WISSER, JUDGE

PER CURIAM

Patrick Temple appeals from an order of the district court denying relief on his writ of habeas corpus. Appellant is incarcerated pending extradition to Louisiana.

In his only point of error, appellant urges that he must be released because he has been incarcerated for more than ninety days without a governor's warrant. Tex. Code Crim. Proc. Ann. art. 51.07 (1979). The State has filed with the Clerk of this Court a certified copy of the governor's warrant for appellant's arrest and extradition, issued January 30, 1992. Appellant's point of error is rendered moot by the issuance of the warrant. Ex parte Worden, 502 S.W.2d 803 (Tex. Crim. App. 1974).

The order of the district court is affirmed. No motion for rehearing will be entertained.

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Affirmed

Filed: February 26, 1992

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