Ex Parte Allen Buseta Custodio v. The State of Texas--Appeal from 351st District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-07-00350-CR

Case Date: 11/08/2007

Plaintiff: Ex Parte Allen Buseta Custodio

Defendant: The State of Texas--Appeal from 351st District Court of Harris County

Preview:Ex Parte Allen Buseta Custodio v. The State of Texas-Appeal from 351st District Court of Harris County
Dismissed and Memorandum Opinion filed November 8, 2007 Dismissed and Memorandum Opinion filed November 8, 2007. In The Fourteenth Court of Appeals ____________ NO. 14-07-00350-CR ____________ EX PARTE ALLEN BUSETA CUSTODIO On Appeal from the 351st District Court Harris County, Texas Trial Court Cause No. 1109367 MEMORANDUMOPINION Appellant entered a plea of guilty pursuant to a plea bargain to the offense of robbery. In accordance with the terms of the agreement, the trial judge deferred adjudication of guilt and placed appellant on community supervision for eight years. Subsequently, the State filed a motion to adjudicate guilt. Appellant was taken into custody and, on March 21, 2007, filed an application for a writ of habeas corpus. On April 5, 2007, the trial court denied the application. Appellant timely filed a notice of appeal from the trial court=s order.

On the same day the trial court denied appellant=s application for writ of habeas corpus, the trial court found appellant guilty of the offense of robbery and assessed punishment at confinement for four years. Appellant=s conviction renders his claim of illegal restraint moot. See Ex parte Morgan, 335 S.W.2d 766, 766 (Tex. Crim. App. 1960); Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.CHouston [14th Dist.] 1991, no pet.) (stating that Awhere the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.@). Appellant is now legally confined pursuant to a judgment of guilt in the underlying robbery case. Accordingly, we dismiss appellant=s appeal as moot. PER CURIAM Judgment rendered and Memorandum Opinion filed November 8, 2007. Panel consists of Chief Justice Hedges, Justices Yates and Frost. Do Not Publish C Tex. R. App. P. 47.2(b).

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