Ex Parte Aaron Wayne Cotton Appeal from 252nd District Court of Jefferson County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-17-00061-CR ________________ EX PARTE AARON WAYNE COTTON __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 13-17767 __________________________________________________________________ MEMORANDUM OPINION This is an appeal by Aaron Wayne Cotton of the trial court’s denial of his application for writ of habeas corpus. After Cotton filed his notice of appeal, the Court received a supplemental clerk’s record, which includes an order showing that the trial judge dismissed the case that the State filed against Cotton. On April 4, 2017, we notified the parties that the appeal appeared to be moot, and we warned that we would dismiss Cotton’s appeal unless he showed that we had jurisdiction over his appeal. Neither Cotton nor the State filed a response. The record reflects that the case against Cotton has been dismissed. Because Cotton is not under any form of restraint based on his indictment in Cause Number 1 13-17767, Cotton’s appeal of the trial court’s decision denying his application for writ of habeas corpus is moot. See Armes v. State, 573 S.W.2d 7, 9 (Tex. Crim. App. [Panel Op.] 1978). Accordingly, the appeal is dismissed as moot. APPEAL DISMISSED. ______________________________ HOLLIS HORTON Justice Submitted on April 25, 2017 Opinion Delivered April 26, 2017 Do Not Publish Before Kreger, Horton, and Johnson, JJ. 2
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