Shanell Mosley v. State

    In The

Court of Appeals

For The  

First District of Texas

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NO. 01-08-00503-CR

NO. 01-08-00504-CR

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SHANELL MONIQUE MOSLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 1182322 & 1182323

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MEMORANDUM OPINION

          These appeals are from the trial court’s May 12, 2008 orders denying appellant’s pretrial “Application for Writ of Habeas Corpus and Motion for Reasonable Bond,” by which appellant sought to have her bond reduced from $250,000.

          On September 8, 2008, appellant was reindicted for the same offenses on which her bond was set. She was then tried and convicted for the offenses, and her appeals from those convictions are pending in this Court under cause numbers 01-08-00937-CR and 01-08-00938-CR. Moreover, it appears from the trial court’s docket sheet in our cause numbers 01-08-00937-CR and 01-08-00938-CR that on September 24, 2008, after appellant’s appeals from the denial of her writ application were filed, the trial court entered an order (not included in the clerk’s records in any of appellant’s four related appeals that are pending in this Court) reducing her bond to $200,000 upon the surrender of her passport.

          Appellant’s conviction in the causes in which her pretrial bond had been set, as well as the trial court’s implicitly having vacated the order denying habeas relief and issuing a new order reducing bond after she had appealed, have rendered moot the appeals in our cause numbers 01-08-00503-CR and 01-08-00504-CR. See Bennet v. State, 818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.) (concluding that appeal from denial of habeas application seeking to reduce bond was rendered moot by defendant’s subsequent conviction); cf. State v. Camilli, No. 14-08-00922-CR, 2008 WL 4735198, at *1 (Tex. App.—Houston [14th Dist.] Oct. 30, 2008, no pet.) (memo. op.) (concluding that State’s appeal from denial of pretrial order granting motion to suppress was rendered moot by trial court’s subsequent vacating of that order). We thus lack subject-matter jurisdiction over these two appeals and must dismiss them. See Bennett, 818 S.W.2d at 200; Camilli, 2008 WL 4735198, at *1.

          Accordingly, the appeals in our cause numbers 01-08-00503-CR and 01-08-00504-CR are dismissed for lack of jurisdiction.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.

Do not publish. See Tex. R. App. P. 47.2(b).