Ex parte Ivan Frazier--Appeal from 40th District Court of Ellis County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-99-249-CR
EX PARTE IVAN C. FRAZIER
From the 40th District Court
Ellis County, Texas
Trial Court # 24,117-CR
MEMORANDUM OPINION
Ivan C. Frazier filed a pro se pre-trial application for writ of habeas corpus in which he questioned the validity and application of the repeat-offender felony theft statute under which he was indicted. See Tex. Pen. Code Ann. 31.03(e)(4)(D) (Vernon Supp. 1999). The court denied his application on the Friday before trial. Frazier appeals the denial of his habeas application.
A jury convicted Frazier of the underlying offense. Therefore, his application for habeas relief is now moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992). Accordingly, we dismiss this appeal. Id.
TOM GRAY
Justice
Before Chief Justice Davis
Justice Vance and
Justice Gray
Appeal dismissed
Opinion delivered and filed September 29, 1999
Do not publish
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