Ex parte Robert Fischman--Appeal from 147th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00309-CR Ex parte Robert Fischman FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. D-1-DC-05-700109, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION Robert Fischman filed a pro se petition for writ of habeas corpus challenging the validity of the indictment pending against him in this cause.1 Although the writ did not issue, Fishman later filed a notice of appeal and the clerk s record was forwarded to this Court. The Clerk has now received and filed a supplemental record containing the district court s order dismissing cause number D-1-DC-05-700109 as part of a plea bargain in other causes. No appeal lies from the refusal to issue a writ of habeas corpus. Ex parte Gonzales, 12 S.W.3d 913, 914 (Tex. App. Austin 2000, pet. ref d). In any event, the dismissal order renders the habeas corpus petition moot. 1 The record contains Fischman s written waiver of counsel. The appeal is dismissed. __________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices Patterson and Pemberton Dismissed for Want of Jurisdiction Filed: June 22, 2006 Do Not Publish 2

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