Ex Parte Mike Angel Ulloa--Appeal from 221st District Court of Montgomery County (majority)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00052-CR ____________________ EX PARTE MIKE ANGEL ULLOA, Appellant ________________________________________________________________________ On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 11-02-01188 CR ________________________________________________________________________ MEMORANDUM OPINION On April 19, 2012, the State filed a motion to dismiss as moot this accelerated appeal from the denial of a pre-trial application for writ of habeas corpus. The appellant, Mike Angel Ulloa, did not file a response to the State s suggestion of mootness. Ulloa s habeas application sought his release on bond pending his trial on the indictment filed in Cause No. 11-02-01188 CR. That indictment was dismissed on April 17, 2012, and Ulloa does not claim that he has been restrained under a new indictment. The appeal is moot. See Ex parte Thompson, 685 S.W.2d 338 (Tex. Crim. App. 1985). We grant the motion and dismiss the appeal. APPEAL DISMISSED. 1 ________________________________ CHARLES KREGER Justice Opinion Delivered May 9, 2012 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2

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