TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00213-CR
Ex parte Kelly James McCarty
FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT
NO. 30842C, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
Kelly James McCarty appeals the denial of his application for a writ of habeas corpus
seeking an out-of-time appeal under Texas Code of Criminal Procedure article 11.08. This Court
has been informed that, by order dated July 8, 2015, the trial court granted McCarty’s request
for an out-of-time appeal in a habeas proceeding filed under Texas Code of Criminal Procedure
article 11.072 that addressed the same judgment he seeks to challenge here. Because McCarty has
received the relief he requests in this proceeding, we dismiss this appeal as moot. See Tex. R. App.
P. 43.2(f).
________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed as Moot
Filed: October 28, 2015
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