Ex Parte Allen Buseta Custodio v. State ( 2007 )

Dismissed and Memorandum Opinion filed November 8, 2007

Dismissed and Memorandum Opinion filed November 8, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00350-CR

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EX PARTE ALLEN BUSETA CUSTODIO

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1109367

M E M O R A N D U M   O P I N I O N

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Do Not Publish C Tex.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).