Dismissed and Memorandum Opinion filed March 12, 2009.
In The
Fourteenth Court of Appeals
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NO. 14-08-00547-CR
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EX PARTE JOHN E. CRAVEN
On Appeal from the 176th District Court
Harris County, Texas
Trial Court Cause No. 1170748
M E M O R A N D U M O P I N I O N
Appellant is charged with aggravated assault on a family member. The trial court set pre-trial bond at $250,000. Appellant filed a pre-trial application for writ of habeas corpus seeking a bond reduction. After a hearing on June 25, 2008, the trial court reduced appellant=s bail to $150,000. Appellant filed a timely written notice of appeal.
On February 13, 2009, the State filed a motion to dismiss the appeal as moot, asserting that appellant has posted the $150,000 bond set by the trial court and he has been released from custody. On February 23, 2009, a supplemental clerk=s record was filed. The supplemental record contains a copy of the bond appellant posted. Appellant has not responded to the State=s motion.
When the premise of a habeas corpus application is destroyed by subsequent events, the legal issues raised therein are rendered moot. Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.CHouston [14th Dist.] 1991, no pet.). An appeal of a denial of an application for habeas corpus is rendered moot when appellant posts bond and is released from custody. Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.CHouston [14th Dist.] 2003, no pet.
Accordingly, we dismiss this appeal as moot.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.
Do Not Publish C Tex. R. App. P. 47.2(b).