Ex Parte: Linda Chavez ( 2006 )

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EX PARTE: LINDA CHAVEZ.

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No. 08-05-00102-CR Appeal from the 243rd District Court of El Paso County, Texas (TC# 20040D01682)

O P I N I O N

           This is an appeal from the court’s order setting the amount and determining the conditions of an appeal bond. We grant the State’s motion to dismiss the appeal as moot.           After filing a notice of appeal from the underlying conviction, the court held an appeal bond hearing. After appealing the court’s order setting the amount and conditions of the appeal bond, a status hearing was held wherein it was determined that Appellant wished to waive her stay of probation that had been granted in the underlying case and to commence the execution of her probated sentence. The court granted the relief by removing the appeal bond and allowing Appellant to start her probation.

           A cause becomes moot when the appellate court’s judgment cannot serve any practical effect upon the controversy. State v. Garza, 774 S.W.2d 724, 727 (Tex. App.--Corpus Christi 1989, pet. ref’d). Just such a situation exists in the present case as Appellant has commenced her probated sentence; therefore, matters concerning the appeal bond are moot. Accordingly, we grant the State’s motion to dismiss the appeal as moot.

                                                                  RICHARD BARAJAS, Chief Justice

August 17, 2006

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)