Anthony Ray Elmore v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-94-320-CR

ANTHONY RAY ELMORE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 244-94

MEMORANDUM OPINION

Anthony Elmore appealed from the denial of his pre-trial habeas corpus petition, complaining that the court had set an excessive bail in the underlying prosecution for possession of a controlled substance. Tex. Health & Safety Code Ann. 481.112(a) (Vernon Supp. 1996); Tex. Code Crim. Proc. Ann. art. 17.15 (Vernon Supp. 1996); Tex. R. App. P. 44. On February 2, 1996, he pled guilty to the offense and was assessed punishment of six years' incarceration. Thus, he is no longer subject to pre-trial confinement but is being held under the terms of the judgment. Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App. Houston [14th Dist.] 1990, no pet.). Therefore, this appeal is moot. Id. Because the appeal is moot, we do not have jurisdiction over the merits of the cause. Saucedo, 795 S.W.2d at 9; see also Speer v. Presbyterian Children's Home, 847 S.W.2d 227, 229 (Tex. 1993); Olson v. Com'n for Lawyer Discipline, 901 S.W.2d 520, 523 (Tex. App. El Paso 1995, no writ). Because we lack jurisdiction, we dismiss this appeal.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed March 20, 1996

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