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Ex parte McGuire

State of Texas in the Fourteenth Court of Appeals
May 21, 2015
NO. 14-14-01010-CR (Tex. App. May. 21, 2015)

Opinion

NO. 14-14-01010-CR

05-21-2015

EX PARTE ANTONIO MCGUIRE, Relator


On Appeal from the 180th District Court Harris County, Texas
Trial Court Cause No. 1448705

MEMORANDUM OPINION

Appellant was charged, in two causes, with the offenses of tampering with evidence and possession of a controlled substance. The trial court set pre-trial bond in each cause at $30,000.00. Appellant filed a pre-trial application for writ of habeas corpus seeking a bond reduction.

On May 6, 2015, while the application was pending, a jury found appellant not guilty of tampering with evidence. On May 7, 2015, appellant entered a guilty plea to possession of a controlled substance in exchange for an agreed sentence of four years.

On May 12, 2015, appellant filed a motion to dismiss his application under Tex. R. App. P. 42.2 because his acquittal and plea render the issue of pre-trial bond moot. See Ex parte Morgan, 335 S.W.2d 766, 766 (Tex. Crim. App. 1960); Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.) (stating that "where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.").

Accordingly, we dismiss appellant's appeal as moot.

PER CURIAM Panel consists of Justices Boyce, McCally, and Donovan
Do Not Publish — Tex. R. App. P. 47.2(b)


Summaries of

Ex parte McGuire

State of Texas in the Fourteenth Court of Appeals
May 21, 2015
NO. 14-14-01010-CR (Tex. App. May. 21, 2015)
Case details for

Ex parte McGuire

Case Details

Full title:EX PARTE ANTONIO MCGUIRE, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 21, 2015

Citations

NO. 14-14-01010-CR (Tex. App. May. 21, 2015)