VALERO, EX PARTE JUAN v. the State of Texas

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

PD-0123-23

EX PARTE JUAN VALERO, Appellant

ON DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

Per curiam.

OPINION

Appellant is charged with aggravated assault and aggravated robbery. On January 12, 2021, the competency court found Appellant incompetent and committed him for 120 days to restore competency. Appellant filed a pretrial habeas application on May 25, 2021, complaining that he had not yet been transferred to a hospital and requesting immediate release. The trial court denied habeas relief on September 2, 2022. The Court of Appeals affirmed. Ex parte Valero, No. 08-22-00172-CR, LEXIS 901 (Tex. App. – El Paso February 13, 2023, pet. granted). We granted Appellant’s petition for discretionary review.

The State has now filed a motion to dismiss, noting that Appellant was transferred to Vernon State Hospital on June 21, 2023. Accordingly, we grant the State’s motion and dismiss Appellant’s petition.

FILED: July 19, 2023 DO NOT PUBLISH