Ex Parte David Wayne Ford ( 2020 )


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  •        TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-19-00638-CR
    Ex parte David Wayne Ford
    FROM THE 424TH DISTRICT COURT OF BLANCO COUNTY
    NO. CR01691, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
    MEMORANDUM OPINION
    Appellant David Wayne Ford, appearing pro se, seeks to appeal the trial court’s
    denial of his pretrial application for writ of habeas corpus. See Tex. Code Crim. Proc. arts.
    11.01, 11.05. Ford was charged with engaging in organized criminal activity, see Tex. Penal
    Code § 71.02(a), and with forgery of a financial instrument, see 
    id. § 32.21(d).
                In his
    application, Ford asserted that “there is no validity in the charges” and asked the trial court to
    dismiss the charges and to “prevent any further unlawful confinement.”
    The record shows that judgments of conviction for the charged offenses against
    Ford have now been signed by the trial court.1 Because Ford is no longer subject to pretrial
    confinement for the charged offenses, the trial court’s ruling on his pretrial writ of habeas corpus
    has been rendered moot. See Ex parte Tucker, 
    3 S.W.3d 576
    , 576 (Tex. Crim. App. 1999);
    Martinez v. State, 
    826 S.W.2d 620
    , 620 (Tex. Crim. App. 1992); Ex parte Valero, No. 03-16-
    1
    The judgments of convictions are included in the clerk’s record filed in appellate cause
    number 03-19-00689-CR and show that Ford has been convicted of the charges and sentenced to
    fifty years’ confinement for engaging in organized criminal activity and twenty years’
    confinement for forgery of a financial instrument. In 03-19-00689-CR, Ford appeals the
    judgments of conviction, and the trial court has appointed appellate counsel to represent him.
    00859-CR, 2017 Tex. App. LEXIS 8074, at *2 (Tex. App.—Austin Aug. 24, 2017, no pet.)
    (mem. op., not designated for publication); Ex parte Foster, 02-11-00075-CR, 2012 Tex. App.
    LEXIS 130, at *2 (Tex. App.—Fort Worth Jan. 5, 2012, no pet.) (mem. op., not designated for
    publication). Accordingly, we dismiss this appeal as moot.
    __________________________________________
    Chari L. Kelly, Justice
    Before Justices Goodwin, Kelly, and Smith
    Dismissed as Moot
    Filed: January 9, 2020
    Do Not Publish
    2
    

Document Info

Docket Number: 03-19-00638-CR

Filed Date: 1/9/2020

Precedential Status: Precedential

Modified Date: 1/10/2020