Peyton, Ex Parte Jeffrey ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0677-16
EX PARTE JEFFREY PEYTON, Applicant
ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE SECOND COURT OF APPEALS
WICHITA COUNTY
Per curiam.
OPINION
By way of an application for a writ of habeas corpus, Jeffrey Peyton sought a bail
reduction claiming the set bail amount was unconstitutionally excessive and in violation of
Texas Code of Criminal Procedure Articles 1.09 and 17.15. The trial judge denied the
application. The court of appeals reversed the judge’s order and remanded the case to the
trial court.1 We granted the State’s petition for discretionary review to review the court of
appeals’ analysis.
1
Ex parte Peyton, No. 02-16-00029-CR, 2016 WL 2586698, at *6 (Tex.
App.—Fort Worth Sept. 14, 2016) (mem. op, not designated for publication).
PEYTON—2
Peyton was subsequently convicted of criminal solicitation of capital murder and
sentenced to twenty-one years’ confinement. Because Peyton is no longer confined by virtue
of the allegedly excessive pre-trial bail amount, the issue the State presents is now moot. The
petition for discretionary review is dismissed.
DELIVERED: March 22, 2017
DO NOT PUBLISH