COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-08-272-CR
EX PARTE MICHAEL JOSEPH BENNETT
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FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY
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MEMORANDUM OPINION 1
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On July 31, 2008, appellant Michael Joseph Bennett filed a notice of
appeal from the trial court’s refusal to consider his application for writ of
habeas corpus seeking an out-of-time petition for discretionary review from this
court’s decision in Ex parte Bennett, 245 S.W.3d 616 (Tex. App.—Fort Worth,
2008, pet. dism’d).
The court of criminal appeals has granted appellant an out-of-time petition
for discretionary review. Ex parte Bennett, No. AP-76112, 2009 WL 624016,
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… See Tex. R. App. P. 47.4.
at *1 (Tex. Crim. App. Mar. 11, 2009). Because the court of criminal appeals
granted appellant the relief he sought in his application for writ of habeas
corpus, the appeal to this court of the trial court’s refusal to consider the
application is moot. See Jack v. State, 149 S.W.3d 119, 123 n. 10 (Tex.
Crim. App. 2004). Consequently, we dismiss the appeal.
PER CURIAM
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 16, 2009
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