Edwin Kendale Thomas v. The State of Texas--Appeal from 85th District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-92-083-CR

EDWIN KENDALE THOMAS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 85th District Court

Brazos County, Texas

Trial Court # 20,996-85

O P I N I O N

Edwin Thomas was arrested and incarcerated on September 27, 1991, for possession of a controlled substance. On January 23, 1992, he was presented to a grand jury and indicted. One month later Thomas applied to the district court for a writ of habeas corpus, seeking either reduction of bail or release on personal bond pursuant to article 17.151 of the Texas Code of Criminal Procedure. // The district court denied relief. Thomas now comes before this Court asserting that the trial court erred in denying his writ of habeas corpus by violating article 17.151.

In Danziger v. State, 786 S.W.2d 723 (Tex. Crim. App. 1990), Danziger appealed the trial court's denial of his application for writ of habeas corpus seeking release on bail pursuant to article 17.151. The Texas Court of Criminal Appeals concluded that it was unnecessary to address the merits of Danziger's allegations because they became moot when he was convicted of aggravated sexual assault and given a life sentence. Id. at 724.

The case at hand is similar to Danziger. Thomas complains of pre-trial confinement, but has since been convicted and sentenced to fourteen years imprisonment for possession of a controlled substance. Based on these facts, we find it unnecessary to address whether the district court erred in denying Thomas' writ of habeas corpus. See id. We overrule his single point of error.

We affirm the judgment.

BOBBY L. CUMMINGS

Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed July 15, 1992

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