Mia Abrams v. State

• Court: Court of Appeals of Texas
• Decided: January 11, 2007
• Docket: 14-06-00599-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 11, 2007

Dismissed and Memorandum Opinion filed January 11, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00599-CR

MIA ABRAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1072786

M E M O R A N D U M   O P I N I O N

This is an appeal from the denial of a writ of application for writ of habeas corpus, seeking bond reduction and modification of bail conditions.  On December 20, 2006, appellant filed a motion to dismiss the appeal as moot because appellant has made bond.

A defendant may file a pretrial writ of habeas corpus seeking bail reduction or release on personal recognizance bond.  Tex. Code Crim. Proc. Ann. arts. 11.24, 17.151 (Vernon 2005 & Supp. 2006).  An appeal from the denial of this type of writ is rendered moot if the defendant posts bail and is released.  See Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex.App.‑Houston [14th Dist.] 2003, no pet.).  The dismissal of an appeal under these circumstances is based on the long‑held rule that where the premise of the habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are moot.  Id. at 853; Bennet v. State, 818 S.W.2d 199, 200 (Tex.App.‑Houston [14th Dist.] 1991, no pet.). 

Accordingly, we grant appellant=s motion and order the appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 11, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex. R. App. P. 47.2(b).