Ex Parte: Anthony Lee Blavier--Appeal from 402nd Judicial District Court of Wood County (majority)

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00219-CR

                                                ______________________________

                                 ANTHONY LEE BLAVIER, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                      On Appeal from the 402nd Judicial District Court

                                                             Wood County, Texas

                                                       Trial Court No. 19,722-2007

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                      MEMORANDUM OPINION

            Anthony Lee Blavier has appealed from the trial court's denial of his request for a bond to secure his release during his appeal from the revocation of his community supervision.   Appointed counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 744 (1967), providing a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced, and stating the appeal was frivolous.  

            We note that the record in this appeal from the bond determination was filed November 1, 2011, with briefing following in a timely fashion.  However, in the meantime, our opinion affirming the underlying conviction was issued on December 15, 2011, in Blavier v. State, cause number 06-11-00147-CR.    

            Although we concur with counsel's assessment that the appeal, under the facts of this case, was frivolous, at this point the request for a bond pending appeal is a request that could not be granted, as the case has been decided, and the conviction affirmed.  A case becomes moot or abstract when it does not rest, or ceases to rest, on any existing right or fact.  Crawford v. State, 153 S.W.3d 497, 501 (Tex. App.Amarillo 2004, no pet.).  Under these facts, the appeal is moot. 

            As no issue remains which can be decided by this Court, we dismiss the appeal. 

                                                                                    Bailey C. Moseley

                                                                                    Justice

Date Submitted:          December 21, 2011

Date Decided:             December 22, 2011

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