Robert Clemente Perez v. State

• Court: Court of Appeals of Texas
• Decided: December 7, 2006
• Docket: 01-06-00432-CR
• Status: Published

Opinion

Opinion issued December 7, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-00432-CR

ROBERT CLEMENTE PEREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

* * *

NO. 01-06-00433-CR

JAZMIN RODRIGUEZ PEREZ, Appellant

On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause Nos. 1065932 and 1065933

MEMORANDUM OPINION ON REHEARING

We grant the State's motion to withdraw our opinion and judgment, vacate our October 26, 2006 judgment, withdraw our October 26, 2006 opinion, and issue this opinion in its place.

On October 26, 2006, we issued our memorandum opinion in this appeal challenging the trial court's order setting bail for appellants. On November 3, 2006, in a motion to withdraw our opinion and judgment, the State informed us that appellants had pleaded guilty and were sentenced on October 13, 2006. Issues concerning pre-trial bail are moot after a defendant has been convicted. Delangel v. State, 132 S.W.3d 491, 494 (Tex. App.--Houston [1st Dist.] 2004, no pet.). Thus, this appeal was moot at the time our opinion issued, and this court had no jurisdiction over the appeal.

Accordingly, we grant the State's motion, withdraw our opinion issued on October 26, 2006, and dismiss this appeal for lack of jurisdiction.

Sam Nuchia

Justice

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish.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