TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00683-CR
NO. 03-14-00684-CR
NO. 03-14-00685-CR
NO. 03-14-00686-CR
NO. 03-14-00687-CR
Ex parte Tammy Marie Ybarra
FROM THE COUNTY COURT AT LAW OF CALDWELL COUNTY
NOS. 42741, 42930, 43238, 43890, 44176
HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Tammy Marie Ybarra appeals from the trial court’s order denying her
petition for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.09 (requiring person confined
for misdemeanor to file habeas petition in county court where offense committed); Ex parte
Gonzales, 12 S.W.3d 913, 914 (Tex. App.—Austin 2000, pet. ref’d) (concluding that appellate
court has jurisdiction to consider appeal from denial of habeas petition if trial court reached
merits of claim), superseded by statute on other grounds as recognized in Ex parte Villanueva,
252 S.W.3d 391, 396–97 (Tex. Crim. App. 2008). Ybarra complains that she completed her 300-day
jail sentence on October 27, 2014, and that her continued confinement to “lay out” her fines is
unlawful. See Tex. Code Crim. Proc. art. 43.09(a) (authorizing trial court to confine convicted
defendant who is unable to pay fines in county jail for sufficient period to discharge fines at rate of
$50 per day if other methods of discharging fine are insufficient).
After Ybarra filed this appeal, we received information from the trial court indicating
that she has been released from jail. The State has now confirmed, in a motion to dismiss, that
Ybarra was released from jail on December 23, 2014. We therefore dismiss Ybarra’s appeal
as moot.
_______________________________________
Scott K. Field, Justice
Before Chief Justice Rose, Justices Goodwin and Field
Dismissed as Moot
Filed: February 13, 2015
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