Ex Parte Jonathan Ingram v. the State of Texas ( 2023 )

Opinion issued June 27, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00117-CR
NO. 01-23-00118-CR
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EX PARTE JONATHAN INGRAM, Appellant
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Case No. 1784181 & 1803439
MEMORANDUM OPINION
In each trial court cause, appellant Johnathan Ingram filed pretrial applications
for writ of habeas corpus, arguing that the statute under which he was charged was
facially unconstitutional. The trial court denied the applications on January 19,
2023. Appellant filed notices of appeal on February 3, 2023.
On March 3, 2023, appellant’s counsel filed motions to dismiss, contending
that appellant had pleaded guilty and no longer wished to prosecute the appeals. The
motions failed to comply with Rule 42.2(a) in that they did not include appellant’s
signature. See TEX. R. APP. P. 42.2(a). Because these motions did not comply with
Rule 42.2(a), the Court denied the motions.
The clerk’s records and supplemental clerk’s records indicate that appellant
pleaded guilty in return for the State’s recommendation that punishment be set at
two years’ deferred adjudication community supervision. On February 8, 2023, the
trial court entered orders of deferred adjudication based on the plea bargain and
placing appellant on deferred adjudication community supervision for two years.
On May 25, 2023, the Court issued a notice that the appeals might be
dismissed as moot given that appellant had pleaded guilty and was no longer
confined on the charges for which he had sought habeas relief. See Ex parte Sewell,
495 S.W.3d 54, 55 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (observing that
appeal from denial of application for writ of habeas corpus is moot once appellant is
no longer confined on charge). Appellant filed no response to the notice.
Accordingly, we dismiss these appeals as moot. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
Do not publish. TEX. R. APP. P. 47.2(b).
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