Jason Bennett v. State ( 2010 )

Opinion issued November 9, 2010                                                 

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00790-CR

____________

JASON BENNETT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1275498

MEMORANDUM OPINION

          Appellant, Jason Bennett, appeals from the denial of his pretrial application for habeas corpus relief.  Appellant was charged with the third-degree felony offense of injury to a child and was released on bond.  See Tex. Penal Code Ann. §.22.04 (Vernon Supp. 2010).  Subsequently, having found that appellant had violated the terms of the bond, the trial court revoked the bond and ordered that appellant be held without bond.  Appellant alleged in his writ application that he was being held in derogation of his “rights under the Eighth and Fourteenth Amendments to the United States Constitution; Article 1, Section 13 of the Texas Constitution; and Article 1.07 of the Texas Code of Criminal Procedure.”

          On September 29, 2010, appellant entered into a plea bargain with the State and pled nolo contendere to the lesser-included offense of misdemeanor assault. In accordance with the agreement, the trial court placed appellant on one year deferred adjudication community supervision. Because appellant is no longer subject to pretrial confinement, the pretrial writ is moot.  See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Bennet v. State, 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, the appeal is dismissed as moot. All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.

Do not publish. Tex. R. App. P. 47.2.(b).