Opinion
No. 14-08-00858-CR
Opinion filed February 5, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 351st District Court Harris County, Texas, Trial Court Cause No. 1177981.
Panel consists of Justices FROST, BROWN, and BOYCE.
MEMORANDUM OPINION
Appellant was charged with the offense of capital murder. Appellant filed a pre-trial application for writ of habeas corpus seeking dismissal of the capital murder prosecution. Appellant has been convicted of capital murder and her appeal is now pending in this court. (Appeal number 14-08B00963-CR). Appellant's conviction renders the issue raised in her pre-trial application for writ of habeas corpus 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 there under are rendered moot."). Accordingly, we dismiss appellant's appeal as moot.