Ex Parte: Davis Noe Perez Appeal from 366th Judicial District Court of Collin County (memorandum opinion)

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DISMISSED and Opinion Filed November 29, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01045-CR No. 05-18-01046-CR EX PARTE DAVIS NOE PEREZ On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause Nos. 366-04225-2018 & 366-04247-2018 MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Stoddart Opinion by Chief Justice Wright We REINSTATE these appeals. Davis Noe Perez appealed the trial court’s order denying relief on his application for writ of habeas corpus seeking to be released on bond while proceedings were pending for his extradition to the State of Kansas to stand trial for aggravated robbery. On October 3, 2018, counsel filed motions to dismiss these appeals. The Court denied the motions because they were not signed by appellant and thus did not comply with the rules of appellate procedure. See TEX. R. APP. P. 44.2(a). The Court gave appellant fourteen days to file motions that comply with the rules. After the deadline for filing complying motions passed, the Court abated these appeals to the trial court to determine their status. On November 15, 2018, the trial court conducted a hearing and made findings of fact that have been filed with the Court. The trial court found that: (1) appellant does not desire to pursue the appeals; (2) appellant desires to dismiss the appeals; (3) the appeals are moot because appellant has been extradited to Kansas; and (4) retained counsel does not know appellant’s location following his extradition and thus is unable to obtain appellant’s signature on motions to dismiss. We ADOPT the trial court’s finding that the appeals are moot. We DISMISS AS MOOT these appeals. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 181045F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EX PARTE DAVIS NOE PEREZ On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-04225-2018. Opinion delivered by Chief Justice Wright. Justices Myers and Stoddart participating. No. 05-18-01045-CR Based on the Court’s opinion of this date, the appeal is DISMISSED. Judgment entered November 29, 2018_. –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EX PARTE DAVIS NOE PEREZ On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-04247-2018. Opinion delivered by Chief Justice Wright. Justices Myers and Stoddart participating. No. 05-18-01046-CR Based on the Court’s opinion of this date, the appeal is DISMISSED. Judgment entered November 29, 2018. –4–

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