Ex Parte Tammy Marie Ybarra ( 2015 )

ACCEPTED
03-14-00683-CR
3834665
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/20/2015 4:51:08 PM
JEFFREY D. KYLE
CLERK
IN THE
COURT OF APPEALS
OF TEXAS
FILED IN
THIRD SUPREME JUDICIAL DISTRICT 3rd COURT OF APPEALS
AUSTIN, TEXAS
1/20/2015 4:51:08 PM
EX PARTE X JEFFREY D. KYLE
TAMMY MARIE YBARRA X Clerk
Appellant X No. 3-14-00683-CR
X 3-14-00684-CR
VS. X 3-14-00685-CR
X 3-14-00686-CR
THE STATE OF TEXAS, X 3-14-00687-CR
Appellee X
MOTION TO DISMISS FOR MOOTNESS
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the State of Texas, by and through the Criminal District Attorney of
Caldwell County, Texas, and files this Motion to Dismiss for Mootness, and with respect thereto
would show unto the Court the following:
I.
Appellant, Tammy Marie Ybarra, was sentenced to serve time in the Caldwell County
Jail in multiple causes. Through counsel retained after her sentencing, Appellant objected to the
trial judge’s order that she remain in jail until her fines and court costs were discharged in full.
The trial judge declined to rule on this motion and Appellant appealed to this Court, alleging for
the first time that her prior motion was an application for a writ of habeas corpus. This Court has
ordered briefing on the issue of whether the trial judge erred in declining to rule on Appellant’s
motion and not issuing a writ of habeas corpus.
II.
This case is moot because Appellant was unconditionally released from custody on
December 23, 2014. See Attachment A. The Texas habeas corpus statute extends relief to
individuals that are in custody or under restraint. See TEX. CRIM. PROC. CODE art. 11.01 (West
2014). A criminal case is moot if it is shown that there is no possibility that any collateral legal
consequences will be imposed on the basis of the challenged conviction. Ex parte Ormsby, 676
S.W.2d 130, 131 (Tex. Crim. App. 1984).
III.
Here, Appellant has not challenged her underlying convictions. She has only challenged
the trial judge’s order that she remain in jail until all fines and costs have been discharged in full.
Appellant was discharged from jail on December 23, 2014, and therefore has already received
the relief sought from this Court. Furthermore, there is no possibility that collateral legal
consequences will be imposed on the sole basis of her continued confinement for fines and costs.
As a result, this case is moot and should be dismissed.
WHEREFORE, PREMISES CONSIDERED, the State prays that this Motion to Dismiss
be in all things heard and granted and that the Court dismiss this cause as moot.
Respectfully submitted,
FRED H. WEBER
CRIMINAL DISTRICT ATTORNEY
CALDWELL COUNTY, TEXAS
P. O. BOX 869
LOCKHART, TEXAS 78644
(512) 398-1811
FAX (512) 398-1814
By: /s/ Benjamin A. Gillis
BENJAMIN A. GILLIS
ASST. DISTRICT ATTORNEY
STATE BAR NO. 24081437
ben.gillis@co.caldwell.tx.us
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing Motion was mailed by electronic mail
transmission to Richard Banks, Attorney for the Appellant, at rebbanks@swbell.net, on this the
20th day of January, 2015. Mr. Banks indicated to the undersigned Assistant District Attorney
that email is his preferred method of receiving documents filed with the Court.
By: /s/ Benjamin A. Gillis
BENJAMIN A. GILLIS
ASST. DISTRICT ATTORNEY
Caldwell Counl;y Sheriff's Office PAGE: I
Prison Jail Record
Printed : 1/20/2015
SID Number: 04257724 BAG:
wcso 00043429 CELL: W8
DL#: 14698379 State: TX
Name: YBARRA, TAMMY MARIE AKA
Date/Time: May24201410:15PM
Booking Officer
DOB: 1:1126/1970 Age: 43 Race: WHITE Sex: F Height 5.5 Weight: 140.0
Eyes: BROWN Hair: BROWN SSN XXX-XX-XXXX
Street Address : 214HICKORY ST
City : LULING State: TX Zip: 78648 Phone (830) 875-6400
Marital Status: MARRIED POB TEXAS Employer: UMEMPLOYED
Emergency Notification STATON, CATHY Phone (830) 875-6400
Address: 500 S HACKBERRY APT ll
Scars or Tattoos: TAT NECK; TAT CHEST; TAT L LEG; TAT R LEG; TATLARM; TAT R ARM
Place of Arrest : 2700 WEST PIERCE STREET LULING TEXAS
Arresting Officer I Agency : !NICKELL Transporting Officer I Agency
Searched By :
Warrant Number: 44176 County I Location
Offense: EVADING ARREST DETENTION
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 07/0&'2014
Warrant Number: County I Location
Offense: PUBLIC INTOXICATION W/3 PRIOR CONVICTIONS
Bond Amount 500.00 Magistrate: JDCOGGINS
Dispostion PENDING Disposition Date: NIA
Warrant Number: 42930 County I Location CALDWELL CO SO LOCKHART
Offense: MRP-CRIMINAL TRESPASS HABITiSUPERI'UNDnNFRASTRUCTION
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 06/2512014
Warrant Number: 42741 County I Location CALDWELL CO SO LOCKHART
Offense: MRP-CRIMINAL TRESPASS
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 06/25120I4
Warrant Number : 43238 County I Location CALDWELL CO SO LOCKHART
Offense: DRIVING WHILE INTOXICATED
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 06/2512014
War(l!llt Number: 43890CT 1-4 County I Location
Offense: POSS DANGEROUS DRUG
Bond Amount 0.00 Magistrate:
Dispostion SENTENCED Disposition Date: 06/2512014
Warrant Number: 44176 County I Location , .
Ofiense: EVADING ARREST DETENTION
Bond Amount 0.00 Magistrate:
Dispostion SENTENCED Disposition Date: 07/0812014
VEHICLE NO HOLD PLACED:
WHERE
COlOR: YEAR 0 MAKE MODEL
LIC#: STATE: TX
HOW TIME SERVED/PO FINES
SERVED Yrs: 0 Dys: 0 Hrs: 0 RELEASING JULIAN RAMIREZ
RELEASED DATE/TIME: Dee 23 2014 9:02PM
RELEASE INFORMATION: SERVED REMAINDER OF TIME AND PAID FINES IN THE AMOUNT OF $432.92
PRISONER SIGNATURE IN:
PRISONER SIGNATURE OUT: - - - - - - - - - - - - - - - - -
INMATES INMATES BONDSMAN:
INMATES RELEASED PAID FINESffiME SERVED AGENCY
DATE/TIMEOFRELEASE: Dcc232014 9:02PM