Lisa Janell Smith v. State

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 07-08-00507-CR
• Status: Published

Opinion

NO. 07-08-0507-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MARCH 12, 2009 ______________________________

LISA JANELL SMITH,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY;

NO. 4413; HON. STEVEN RAY EMMERT, PRESIDING _______________________________

Dismissal _______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Lisa Smith (appellant) filed an appeal from the trial court’s refusal to reduce her

bond, pending an adjudication hearing, from $500,000.00. On February 20, 2009,

appellant’s counsel filed a motion to dismiss the appeal and attached an affidavit

wherein he stated that appellant had been released from custody on a personal

recognizance bond and that appellant no longer desired to pursue her appeal. Because

the case has become moot, we dismiss the matter. A case is moot when (1) a party seeks a judgment to resolve a controversy, but

no controversy exists, or (2) judgment is sought on a matter which cannot have any

practical legal effect on an existing controversy. Texas Health Care Info. Council v.

Seton Health Plan, Inc., 94 S.W.3d 841, 846-47 (Tex. App.–Austin 2002, no pet.).

Because appellant received the relief requested, a controversy no longer exists. Nor

would our proceeding with the appeal and rendering an opinion and judgment have any

practical legal effect on an existing controversy. So, we conclude that the appeal has

become moot and dismiss it. In re R.M., 234 S.W.3d 103, 104 (Tex. App.–El Paso

2007, no pet.).

Accordingly, the appeal is dismissed as moot.

Brian Quinn Chief Justice

Do not publish.