Ex Parte Kelly Ann Newman ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00031-CR
No. 10-23-00032-CR
No. 10-23-00033-CR
EX PARTE KELLY ANN NEWMAN
From the County Court at Law No. 1
Brazos County, Texas
Trial Court Nos. 17-02130-CRM-CCL1,
17-02131-CRM-CCL1, and 19-00278-CRM-CCL1
MEMORANDUM OPINION
In each of these three cases, Kelly Ann Newman appeals from the denial of her
pretrial application for writ of habeas corpus seeking bail reduction. Newman has now
filed a “Motion to Nonsuit & Dismiss Application for Writ of Habeas Corpus,” stating
that these appeals have been rendered moot.
We construe Newman’s “Motion to Nonsuit & Dismiss Application for Writ of
Habeas Corpus” as a motion to dismiss these appeals. See TEX. R. APP. P. 42.2(a).
Newman, however, did not personally sign the motion. See id. The motion to dismiss
appeal is therefore denied because it does not comply with Rule of Appellate Procedure
42.2(a). See id.
Nevertheless, on February 2, 2023, the trial court revoked Newman’s community
supervision in each of the underlying cases after accepting Newman’s plea of true to the
allegations in the State’s motion to revoke; therefore, Newman is no longer subject to
pretrial confinement. Accordingly, these appeals challenging the trial court’s denial of
Newman’s pretrial applications for writ of habeas corpus have been rendered moot. See
Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (per curiam); Martinez v. State,
826 S.W.2d 620, 620 (Tex. Crim. App. 1992); see also Ex parte Poulis, No. 03-19-00906-CR,
2020 WL 4726744, at *1 (Tex. App.—Austin Aug. 12, 2020, no pet.) (mem. op., not
designated for publication). We thus dismiss these appeals as moot.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed February 15, 2023
Do not publish
[CR25]
Ex parte Newman Page 2