Jose Mendoza v. Ex Parte

Opinion issued May 17, 2007



















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-06-00804-CR

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JOSE MENDOZA, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 253rd District Court

Chambers County, Texas

Trial Court Cause No. 22809




MEMORANDUM OPINION

Appellant, Jose Mendoza, challenges the trial court's denial of his pretrial application for habeas corpus relief. Appellant, charged with the second degree felony offense of possession of marihuana, alleged in his writ application that the State failed to timely obtain an indictment and that he should be released on a personal recognizance bond.

Appellant has been convicted of the underlying offense and is no longer subject to pretrial confinement. The pretrial writ is therefore moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.--Houston [14th Dist.] 1992, no pet.).

We dismiss the appeal as moot.

We further dismiss all pending motions as moot.



PER CURIAM





Panel consists of Justices Taft, Jennings, and Alcala



Do not publish.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