Ex Parte Tucker Church Shaw v. the State of Texas

Court of Appeals of Texas

Ex Parte Tucker Church Shaw v. the State of Texas

Court of Appeals of Texas·Decided April 20, 2023·No. 01-22-00467-CR·Published

Opinion

Opinion issued April 20, 2023

In The

Court of Appeals

For The

First District of Texas

personal bond because he could not afford to post bond in any amount. The habeas court’s order denied appellant’s request for release on personal recognizance but reduced appellant’s bail from $250,000 to $25,000.

On August 6, 2022, our Court ordered appellant to file a brief in this appeal within 20 days. See TEX. R. APP. P. 31.1. Our order required appellant’s brief to address, among other things, the Governor’s order suspending Article 17.151 “to the extent necessary to prevent any person’s automatic release on personal bond because the State is not ready for trial.” The Governor of the State of Tex., Exec. Order No. GA-13, March 29, 2020, 45 Tex. Reg. 2368, 2369 (2020). Appellant failed to file a brief.

The underlying case was subsequently resolved by plea bargain agreement and appellant was sentenced to two years’ imprisonment for the offense of aggravated assault with a deadly weapon. Issues concerning pretrial release are moot after a defendant is convicted. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992) (holding that appeal challenging denial of pretrial application for writ of habeas corpus becomes moot when appellant is convicted of underlying offense and no longer subject to pretrial confinement); see also Henriksen v. State, 500 S.W.2d 491, 494 (Tex. Crim. App. 1973); Myres v. State, 866 S.W.2d 673 (Tex. App.—Houston [1st Dist.] 1993, pet. ref’d).

Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b).

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Opinion issued April 20, 2023

In The

Court of Appeals

For The

First District of Texas

personal bond because he could not afford to post bond in any amount. The habeas court’s order denied appellant’s request for release on personal recognizance but reduced appellant’s bail from $250,000 to $25,000.

On August 6, 2022, our Court ordered appellant to file a brief in this appeal within 20 days. See TEX. R. APP. P. 31.1. Our order required appellant’s brief to address, among other things, the Governor’s order suspending Article 17.151 “to the extent necessary to prevent any person’s automatic release on personal bond because the State is not ready for trial.” The Governor of the State of Tex., Exec. Order No. GA-13, March 29, 2020, 45 Tex. Reg. 2368, 2369 (2020). Appellant failed to file a brief.

The underlying case was subsequently resolved by plea bargain agreement and appellant was sentenced to two years’ imprisonment for the offense of aggravated assault with a deadly weapon. Issues concerning pretrial release are moot after a defendant is convicted. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992) (holding that appeal challenging denial of pretrial application for writ of habeas corpus becomes moot when appellant is convicted of underlying offense and no longer subject to pretrial confinement); see also Henriksen v. State, 500 S.W.2d 491, 494 (Tex. Crim. App. 1973); Myres v. State, 866 S.W.2d 673 (Tex. App.—Houston [1st Dist.] 1993, pet. ref’d).

Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b).

Ex Parte Tucker Church Shaw v. the State of Texas, (Tex. Ct. App. 2023).

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