Henry Levon Smith v. The State of Texas--Appeal from 339th District Court of Harris County

Opinion to issue October 13, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00504-CR

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HENRY LEVON SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1020434

MEMORANDUM OPINION

Henry Levon Smith appeals from the denial of his pretrial application for habeas corpus relief. Appellant was charged with delivery of a controlled substance, and alleged in his writ application an excessive appearance bond.

Appellant has been convicted of the underlying offense and is no longer subject to pretrial confinement. The pretrial writ is therefore moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex. App. Houston [14th Dist.] 1992, no pet.).

The appeal is dismissed as moot.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Bland.

Do not publish. Tex. R. App. P. 47.2.(b).