Ex Parte John D. Bernard v. the State of Texas

Dismissed and Memorandum Opinion filed January 18, 2024

In The

Fourteenth Court of Appeals

NO. 14-23-00838-CR

EX PARTE JOHN D. BERNARD

On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1835479

MEMORANDUM OPINION

This is an appeal from the denial of appellant’s application for writ of habeas corpus. On December 13, 2023, appellant filed a motion to dismiss because he signed a plea agreement and the trial court signed a judgment of conviction. Appellant has since been released from custody.

The issues regarding appellant’s pre-trial habeas restraint have been rendered moot by entry of his plea of guilty to the underlying criminal offense. Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—Houston [14th Dist.] 1990, no writ). The longstanding rule in Texas regarding habeas corpus is that “where the

premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.” Id. (citing Ex parte Branch, 553 S.W.2d 380 (Tex. Crim. App. 1997)).

Accordingly, we grant appellant’s motion and dismiss the appeal as moot.

PER CURIAM

Panel Consists of Chief Justice Christopher and Justices Wise and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b)