Ex Parte Jared Dillon Vann ( 2014 )

Opinion issued September 23, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00809-CR
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EX PARTE JARED DILLON VANN
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case No. 1393392
MEMORANDUM OPINION
Appellant, Jared Dillon Vann, filed an application for a writ of habeas
corpus in the trial court, challenging the indictment returned against him in trial
court cause number 1361992. On September 17, 2013, the trial court denied the
relief Vann requested in his application. Vann timely appealed from the trial
court’s order.
On October 31, 2013, the State filed a motion to dismiss the indictment
pending against Vann in trial court cause 1361992, because the “CCA held this
portion of OSM statute unconstitutional on 10/30/13. See Ex Parte John Lo.” The
trial court granted the motion and “ORDERED, ADJUDGED, AND DECREED
that [trial court cause number 1361992] is hereby dismissed.”
“The indictment under which [Vann] was being held has been dismissed,
and [he] has not challenged his restraint under a new indictment. The appeal is
moot.” Ex parte Bryan, No. 09-06-488-CR, 2007 WL 949490, at *1 (Tex. App.—
Beaumont Mar. 28, 2007, no pet.) (mem. op., not designated for publication); see
Ex parte Thompson, 685 S.W.2d 338, 339 (Tex. Crim. App. 1985).
Accordingly, we dismiss this appeal as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
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