COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
No. 08-12-00351-CR
'
Appeal from
EX PARTE: DANIEL ALVAREZ '
384th District Court
'
of El Paso County, Texas
'
' (TC # 960D10169)
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it has jurisdiction
of the appeal. Finding that the appeal is moot, we dismiss the appeal.
The appellant, Daniel Alvarez, filed a petition for writ of habeas corpus in the trial court.
See TEX.CODE CRIM.PROC.ANN. art. 11.072 (West 2005). The trial court dismissed the writ
application on October 22, 2012. Appellant filed a motion to reinstate his writ application and he
also filed notice of appeal. The trial court granted Appellant’s motion to reinstate because the
court concluded that it had erred by dismissing the writ application. The reinstatement of
Appellant’s writ application has rendered this appeal moot. An appellate court is prohibited
from deciding a moot controversy. See National Collegiate Athletic Association v. Jones, 1
S.W.3d 83, 86 (Tex. 1999). Accordingly, we dismiss the appeal.
March 28, 2013
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)
-2-