Jeffrey Sharp v. State of Texas

Opinion filed July 7, 2011
In The
Eleventh Court of Appeals
__________
No. 11-11-00104-CR
__________
JEFFREY SHARP, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 33rd District Court
Burnet County, Texas
Trial Court Cause No. 37328
MEMORANDUM OPINION
Jeffrey Sharp1 filed a notice of appeal in the Third Court of Appeals on March 14, 2011,
indicating a desire to appeal his “conviction” in trial court cause no. 37328. The clerk’s record,
which has recently been received in this court, indicates that there is no judgment of conviction
in cause no. 37328 but that this cause related only to a pre-indictment application for writ of
habeas corpus seeking bail. Appellant filed the application on February 18, 2010, and the trial
court heard the matter on March 24, 2010. We dismiss the appeal.
1
We note that, in the notice of appeal and the other documents filed by appellant’s attorney, appellant’s first name is
spelled “Jeffery.” However, in the document prepared by the district clerk, in appellant’s signature, and also in the indictment
and judgment in the companion case (our cause no. 11-11-00107-CR), the spelling is “Jeffrey.”
Prior to the filing of the notice of appeal in this cause, appellant was indicted, tried, and
convicted of the underlying offense under a different cause number: trial court cause no. 38,147,
which is cause no. 11-11-00107-CR in our court. Because appellant has already been convicted
of the underlying offense and is no longer subject to pretrial confinement, appellant’s appeal
relating to the pretrial application for writ of habeas corpus is moot. Martinez v. State, 826
S.W.2d 620 (Tex. Crim. App. 1992).
Appellant’s motion to retain appeal and his motion for extension of time to file the notice
of appeal are overruled, and this appeal is dismissed as moot.
PER CURIAM
July 7, 2011
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel2 consists of: Wright, C.J.,
McCall, J., and Hill, J.3
2
Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a
successor by the governor.
3
John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.
2