Ex Parte David Lorenza Joyner v. State ( 2011 )

Dismissed and Memorandum Opinion filed November 15, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00775-CR
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EX PARTE DAVID LORENZA JOYNER
On Appeal from the 174th District Court
Harris County, Texas
Trial Court Cause No. 1278852
MEMORANDUM OPINION
This is an appeal from the denial of a pre-trial application for writ of habeas corpus.
In his writ application, appellant raised several challenges to the theft indictment in his
underlying case and alleged the denial of his right to self-representation, among other
matters. On August 31, 2011, the trial court conducted a hearing on the writ and denied
relief. Appellant filed a timely notice of appeal.
According to information provided by the Harris County District Clerk, appellant
was convicted of theft of less than $1,500, as a third offense, in the underlying case, and he
was sentenced to confinement for fifteen years in the Institutional Division of the Texas
Department of Criminal Justice. Appellant has also filed a notice of appeal from the
judgment of conviction in the underlying case, and that appeal has been docketed under our
case number 14-11-00807-CR.
Because appellant has been convicted, he is no longer subject to “pre-trial”
confinement.” See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992).
When an appellant has a means to address his complaints by way of an appeal from his
conviction, his appeal from the denial of pre-trial habeas relief may be dismissed. See
Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App.—Houston [14th Dist.] 1992, no pet.).
Appellant’s claims need not be addressed in an appeal from habeas proceedings because
they can be raised in an appeal from the conviction itself. See Kniatt v. State, 206 S.W.3d
657, 665 (Tex. Crim. App. 2006) (Keller, P.J., concurring).
Accordingly, we dismiss the appeal as moot.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.
Do Not Publish C TEX. R. APP. P. 47.2(b).
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