Gaytan, Alfredo Cruz v. State

• Court: Court of Appeals of Texas
• Decided: January 30, 2003
• Docket: 14-02-00563-CR
• Status: Published

Opinion

Dismissed and Opinion filed January 30, 2003

Dismissed and Opinion filed January 30, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00563-CR

ALFREDO CRUZ GAYTAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 02CR0773

M E M O R A N D U M   O P I N I O N

Appellant was charged by indictment with the felony offense of evading arrest. Before trial, appellant moved for reduction of bond and on May 15, 2002, filed an application for writ of habeas corpus for bond reduction.  On May 23, 2002, the trial court entered an order reducing appellant=s pre-trial appearance bond from $100,000 to $60,000.  On May 20, 2002, appellant filed a notice of appeal objecting to the May 23, 2002, order.

On December 4, 2002, appellant entered a plea of nolo contendere to the offense of evading arrest and the trial court sentenced appellant on December 4, 2002, in accordance with the plea bargain with the State, to 4 years= confinement in the Texas Department of Criminal Justice, Institutional Division. 

On January 17, 2002, the State filed a motion to dismiss, claiming that the appeal from the pretrial bond reduction order is now moot.  Appellant did not file a response to this motion.

We agree with the State that, because a judgment of conviction has now been entered in this cause, the appeal from the order granting pretrial bond is moot.  Accordingly, we order the appeal dismissed.

PER CURIAM

Judgment rendered and Opinion filed January 30, 2003.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do not publish ‑ Tex. R. App. P. 47.2(b).