Ex Parte Angel Rey Perez v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00634-CR
Ex parte Angel Rey Perez
FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
NO. C2022-1690X, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Angel Rey Perez seeks to appeal the trial court’s denial of his pretrial
application for writ of habeas corpus challenging the amount at which his bond was set. See
Tex. Code Crim. Proc. arts. 11.08, 11.24. Perez was charged with five counts of smuggling of
persons with a firearm, and bond was set at $100,000 for each count. See Tex. Penal Code
§ 20.05(b)(1)(D).
On January 4, 2023, the State filed an amended motion to dismiss 1 the appeal as
moot, asserting that while the appeal was pending, Perez was convicted and sentenced pursuant
to a plea agreement. At this Court’s direction, the district clerk filed a supplemental clerk’s
record containing judgment forms reflecting that Perez had pleaded guilty and had been
sentenced to ten years’ confinement for each count. Because Perez has been convicted and
sentenced, he is no longer subject to pretrial confinement, and his appeal challenging the amount
1 Although the State titled its motion “Motion to Dismiss Appeal—Supplemental,” we
construe it as an amended motion to dismiss. The motion was substantively identical to the
State’s earlier “Motion to Dismiss Appeal” but included copies of Perez’s judgment forms,
which the State asserts were not yet available at the time it filed the original motion.
of pretrial bond has been rendered moot. See Ex parte Tucker, 3 S.W.3d 576, 576 (Tex. Crim.
App. 1999); Danziger v. State, 786 S.W.2d 723, 724 (Tex. Crim. App. 1990); Armendarez
v. State, 798 S.W.2d 291, 291 (Tex. Crim. App. 1990); Oldham v. State, 5 S.W.3d 840, 846
(Tex. App.—Houston [14th Dist.] 1999, pet. ref’d); Ex parte Valero, No. 03-16-00859-CR,
2017 WL 3897264, at *1 (Tex. App.—Austin Aug. 24, 2017, no pet.) (mem. op., not designated
for publication). Accordingly, we grant the State’s amended motion and dismiss the appeal as
moot. Any additional pending motions are likewise dismissed as moot.
__________________________________________
Rosa Lopez Theofanis, Justice
Before Chief Justice Byrne, Justices Triana and Theofanis
Dismissed as Moot
Filed: February 28, 2023
Do Not Publish
2