Ex Parte Tammy Marie Ybarra

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 03-14-00685-CR
• Status: Published

Opinion

ACCEPTED 03-14-00683-CR 3834665 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 4:51:08 PM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS OF TEXAS FILED IN THIRD SUPREME JUDICIAL DISTRICT 3rd COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 4:51:08 PM EX PARTE X JEFFREY D. KYLE TAMMY MARIE YBARRA X Clerk Appellant X No. 3-14-00683-CR X 3-14-00684-CR VS. X 3-14-00685-CR X 3-14-00686-CR THE STATE OF TEXAS, X 3-14-00687-CR Appellee X

MOTION TO DISMISS FOR MOOTNESS

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the State of Texas, by and through the Criminal District Attorney of

Caldwell County, Texas, and files this Motion to Dismiss for Mootness, and with respect thereto

would show unto the Court the following:

I.

Appellant, Tammy Marie Ybarra, was sentenced to serve time in the Caldwell County

Jail in multiple causes. Through counsel retained after her sentencing, Appellant objected to the

trial judge’s order that she remain in jail until her fines and court costs were discharged in full.

The trial judge declined to rule on this motion and Appellant appealed to this Court, alleging for

the first time that her prior motion was an application for a writ of habeas corpus. This Court has

ordered briefing on the issue of whether the trial judge erred in declining to rule on Appellant’s

motion and not issuing a writ of habeas corpus. II.

This case is moot because Appellant was unconditionally released from custody on

December 23, 2014. See Attachment A. The Texas habeas corpus statute extends relief to

individuals that are in custody or under restraint. See TEX. CRIM. PROC. CODE art. 11.01 (West

2014). A criminal case is moot if it is shown that there is no possibility that any collateral legal

consequences will be imposed on the basis of the challenged conviction. Ex parte Ormsby, 676

S.W.2d 130, 131 (Tex. Crim. App. 1984).

III.

Here, Appellant has not challenged her underlying convictions. She has only challenged

the trial judge’s order that she remain in jail until all fines and costs have been discharged in full.

Appellant was discharged from jail on December 23, 2014, and therefore has already received

the relief sought from this Court. Furthermore, there is no possibility that collateral legal

consequences will be imposed on the sole basis of her continued confinement for fines and costs.

As a result, this case is moot and should be dismissed.

WHEREFORE, PREMISES CONSIDERED, the State prays that this Motion to Dismiss

be in all things heard and granted and that the Court dismiss this cause as moot. Respectfully submitted,

FRED H. WEBER CRIMINAL DISTRICT ATTORNEY CALDWELL COUNTY, TEXAS P. O. BOX 869 LOCKHART, TEXAS 78644 (512) 398-1811 FAX (512) 398-1814

By: /s/ Benjamin A. Gillis BENJAMIN A. GILLIS ASST. DISTRICT ATTORNEY STATE BAR NO. 24081437 ben.gillis@co.caldwell.tx.us CERTIFICATE OF SERVICE

A true and correct copy of the foregoing Motion was mailed by electronic mail

transmission to Richard Banks, Attorney for the Appellant, at rebbanks@swbell.net, on this the

20th day of January, 2015. Mr. Banks indicated to the undersigned Assistant District Attorney

that email is his preferred method of receiving documents filed with the Court.

By: /s/ Benjamin A. Gillis BENJAMIN A. GILLIS ASST. DISTRICT ATTORNEY Caldwell Counl;y Sheriff's Office PAGE: I Prison Jail Record Printed : 1/20/2015

SID Number: 04257724 BAG: wcso 00043429 CELL: W8 DL#: 14698379 State: TX

Name: YBARRA, TAMMY MARIE AKA Date/Time: May24201410:15PM Booking Officer DOB: 1:1126/1970 Age: 43 Race: WHITE Sex: F Height 5.5 Weight: 140.0 Eyes: BROWN Hair: BROWN SSN XXX-XX-XXXX Street Address : 214HICKORY ST City : LULING State: TX Zip: 78648 Phone (830) 875-6400 Marital Status: MARRIED POB TEXAS Employer: UMEMPLOYED Emergency Notification STATON, CATHY Phone (830) 875-6400 Address: 500 S HACKBERRY APT ll

Scars or Tattoos: TAT NECK; TAT CHEST; TAT L LEG; TAT R LEG; TATLARM; TAT R ARM

Place of Arrest : 2700 WEST PIERCE STREET LULING TEXAS Arresting Officer I Agency : !NICKELL Transporting Officer I Agency Searched By :

Warrant Number: 44176 County I Location Offense: EVADING ARREST DETENTION Bond Amount 0.00 Magistrate: JDCOGGINS

Dispostion SENTENCED Disposition Date: 07/0&'2014 Warrant Number: County I Location Offense: PUBLIC INTOXICATION W/3 PRIOR CONVICTIONS Bond Amount 500.00 Magistrate: JDCOGGINS

Dispostion PENDING Disposition Date: NIA Warrant Number: 42930 County I Location CALDWELL CO SO LOCKHART Offense: MRP-CRIMINAL TRESPASS HABITiSUPERI'UNDnNFRASTRUCTION Bond Amount 0.00 Magistrate: JDCOGGINS

Dispostion SENTENCED Disposition Date: 06/2512014 Warrant Number: 42741 County I Location CALDWELL CO SO LOCKHART Offense: MRP-CRIMINAL TRESPASS Bond Amount 0.00 Magistrate: JDCOGGINS

Dispostion SENTENCED Disposition Date: 06/25120I4 Warrant Number : 43238 County I Location CALDWELL CO SO LOCKHART Offense: DRIVING WHILE INTOXICATED Bond Amount 0.00 Magistrate: JDCOGGINS

Dispostion SENTENCED Disposition Date: 06/2512014 War(l!llt Number: 43890CT 1-4 County I Location Offense: POSS DANGEROUS DRUG Bond Amount 0.00 Magistrate:

Dispostion SENTENCED Disposition Date: 06/2512014 Warrant Number: 44176 County I Location , . Ofiense: EVADING ARREST DETENTION

Bond Amount 0.00 Magistrate:

Dispostion SENTENCED Disposition Date: 07/0812014

VEHICLE NO HOLD PLACED: WHERE

COlOR: YEAR 0 MAKE MODEL LIC#: STATE: TX

HOW TIME SERVED/PO FINES

SERVED Yrs: 0 Dys: 0 Hrs: 0 RELEASING JULIAN RAMIREZ

RELEASED DATE/TIME: Dee 23 2014 9:02PM RELEASE INFORMATION: SERVED REMAINDER OF TIME AND PAID FINES IN THE AMOUNT OF $432.92 PRISONER SIGNATURE IN:

PRISONER SIGNATURE OUT: - - - - - - - - - - - - - - - - - INMATES INMATES BONDSMAN:

INMATES RELEASED PAID FINESffiME SERVED AGENCY DATE/TIMEOFRELEASE: Dcc232014 9:02PM