Ex Parte: L. M.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN








NO. 03-96-00689-CV


Ex Parte: L. M., Appellant






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. J-15,956, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING


PER CURIAM

L. M. appealed from the trial-court order denying relief on writ of habeas corpus seeking to bar her trial in Travis County cause number J-15,596 on double jeopardy grounds. Appellant chose to proceed to the trial on the scheduled trial date. See Ex Parte: L. M., No. 3-96-689-CV (Tex. App.--Austin Jan. 24, 1997) (not designated for publication); Ex Parte: L. M., No. 03-96-689-CV (Tex. App.--Austin Jan. 27, 1997) (not designated for publication). The trial has now been held and the trial court has rendered its final orders of adjudication and disposition, as shown in the transcript filed as of August 29, 1997 and docketed in our cause number 03-97-00334-CV. (1) Accordingly, the double jeopardy claim raised in this pretrial appeal may now be asserted in cause 03-97-00334-CV, rendering this appeal moot.

Accordingly, we dismiss this appeal as moot.



Before Chief Justice Carroll, Justices Jones and Kidd



Appeal Dismissed as Moot



Filed: September 11, 1997



Do Not Publish

1. Note: both appeals arise from the same trial-court cause number. If any of the parties intended for any of the record filed in cause 03-96-00689-CV to be used in the appeal that has been docketed as cause 03-97-00334-CV, that party should file a motion requesting that the material be withdrawn and re-filed in 03-97-00334-CV.