Ex Parte Robert Fischman ( 2006 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-06-00309-CR
Ex parte Robert Fischman
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. D-1-DC-05-700109, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING
MEMORANDUM OPINION
Robert Fischman filed a pro se petition for writ of habeas corpus challenging the
validity of the indictment pending against him in this cause.1 Although the writ did not issue,
Fishman later filed a notice of appeal and the clerk’s record was forwarded to this Court. The Clerk
has now received and filed a supplemental record containing the district court’s order dismissing
cause number D-1-DC-05-700109 as part of a plea bargain in other causes.
No appeal lies from the refusal to issue a writ of habeas corpus. Ex parte Gonzales,
12 S.W.3d 913, 914 (Tex. App.—Austin 2000, pet. ref’d). In any event, the dismissal order renders
the habeas corpus petition moot.
1
The record contains Fischman’s written waiver of counsel.
The appeal is dismissed.
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Law, Justices Patterson and Pemberton
Dismissed for Want of Jurisdiction
Filed: June 22, 2006
Do Not Publish
2