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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.CFort 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, 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DO NOT PUBLISH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
[1]See Tex. R. App. P. 47.4.