                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00092-CR
                           ____________________

                    EX PARTE ROGER DALE VAN DYKE

_______________________________________________________            ______________

                    On Appeal from the 435th District Court
                         Montgomery County, Texas
                        Trial Cause No. 13-03-03344 CR
________________________________________________________             _____________

                          MEMORANDUM OPINION

      Roger Dale Van Dyke appealed the denial of his pre-trial application for writ

of habeas corpus. Van Dyke filed notice of appeal on his conviction and sentence

before briefing and submission of this accelerated appeal. On April 11, 2014, Van

Dyke notified the Court that he had been convicted in the underlying criminal case

and asked that the case proceed as a regular appeal. We notified the parties that the

appeal would be dismissed unless we received a response to the suggestion of




                                         1
mootness by May 9, 2014. No party objected to the suggestion of mootness.

Accordingly, we dismiss the appeal. 1

      APPEAL DISMISSED.


                                            ________________________________
                                                     LEANNE JOHNSON
                                                          Justice



Opinion Delivered May 21, 2014
Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.




      1
        Appeal No. 09-14-00137-CR will be briefed and submitted on the timetable
for a regular appeal.
                                        2
