Ex Parte Cedric Bernard James ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00125-CR
No. 10-21-00126-CR
No. 10-21-00127-CR
No. 10-21-00128-CR
EX PARTE CEDRIC BERNARD JAMES
From the 12th District Court
Walker County, Texas
Trial Court Nos. 29,580, 29,582, 29,584, and 29,578
MEMORANDUM OPINION
Appellant Cedric Bernard James was charged by indictment with the following
offenses:
• Trial Court Cause No. 29,578 - injury to a child, elderly individual, or
disabled individual;
• Trial Court Cause No. 29,580 – injury to a child, elderly individual, or
disabled individual;
• Trial Court Cause No. 29,582 – robbery; and
• Trial Court Cause No. 29,584 – burglary (Count I) and injury to a child,
elderly individual, or disabled individual (Count II).
James subsequently filed a pretrial application for writ of habeas corpus in each cause
seeking a bail reduction. The trial court denied each application, and James appealed
from each of the trial court’s orders.
During the pendency of these appeals, James pleaded guilty, pursuant to a plea
agreement, to the offense of injury to a child, elderly individual, or disabled individual
in Trial Court Cause No. 29,578. The trial court deferred an adjudication of James’s guilt
and placed him on deferred adjudication community supervision for eight years.
Additionally, the trial court dismissed the other causes—Trial Court Cause Nos. 29,580,
29,582, and 29,584.
James is therefore no longer subject to pretrial confinement for the charged
offenses. Accordingly, these appeals challenging the trial court’s denial of James’s
pretrial applications for writ of habeas corpus have been rendered moot. See Ex parte
Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (per curiam); Martinez v. State, 826
S.W.2d 620, 620 (Tex. Crim. App. 1992); see also Ex parte Poulis, No. 03-19-00906-CR, 2020
WL 4726744, at *1 (Tex. App.—Austin Aug. 12, 2020, no pet.) (mem. op., not designated
for publication). We thus dismiss these appeals as moot.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Ex parte James Page 2
Opinion delivered and filed September 29, 2021
Do not publish
[CR25]
Ex parte James Page 3