                                                                     ACCEPTED
                                                                 01-15-00411-CR
                                                      FIRST COURT OF APPEALS
                                                              HOUSTON, TEXAS
                                                             6/1/2015 1:41:35 PM
                                                           CHRISTOPHER PRINE
                                                                          CLERK
         No. 01-15-00411-CR
                  In the
           Court of Appeals
                 For the                       FILED IN
                                        1st COURT OF APPEALS
         First District of Texas            HOUSTON, TEXAS
               At Houston               6/1/2015 1:41:35 PM
                             CHRISTOPHER A. PRINE
                                                Clerk

               No. 2020596
In County Criminal Court at Law Number 15
          Of Harris County, Texas
        

      EX PARTE JULIO LEBRON
             Applicant

        
      STATE’S APPELLATE BRIEF
        

                              DEVON ANDERSON
                              District Attorney
                              Harris County, Texas

                              DAN MCCRORY
                              Assistant District Attorney
                              Harris County, Texas
                              mccrory_daniel@dao.hctx.net

                              ERICA ROBINSON
                              MEREDITH PIERCE
                              Assistant District Attorneys
                              Harris County, Texas

                              1201 Franklin, Suite 600
                              Houston, Texas 77002
                              Tel.: 713/755-5826
                              FAX No.: 713/755-5809

                              Counsel for Appellee

      ORAL ARGUMENT WAIVED
               STATEMENT REGARDING ORAL ARGUMENT


      Pursuant to TEX. R. APP. P. 39.7, the State waives oral argument since the

issue in this appeal is well settled.




                                         i
                                            TABLE OF CONTENTS

STATEMENT REGARDING ORAL ARGUMENT .......................................................... i

INDEX OF AUTHORITIES .............................................................................................. iii

STATEMENT OF THE CASE ........................................................................................... 1

SUMMARY OF THE ARGUMENT .................................................................................. 1

REPLY TO POINT OF ERROR ONE ................................................................................ 2

CONCLUSION ................................................................................................................... 3

CERTIFICATE OF SERVICE ............................................................................................ 4

CERTIFICATE OF COMPLIANCE .................................................................................. 4

APPENDIX ......................................................................................................................... 5




                                                                ii
                                          INDEX OF AUTHORITIES


CASES

Guerrero v. State,
  99 S.W.3d 852 (Tex. App.--Houston [14th Dist.] 2003, no pet.) .................................... 2

Perez v. State,
  261 S.W.3d 760 (Tex. App.--Houston [14th Dist.] 2008, pet. ref’d) .............................. 2

RULES

TEX. R. APP. P. 39.7.............................................................................................................. i




                                                                iii
TO THE HONORABLE COURT OF APPEALS:


                           STATEMENT OF THE CASE

      On October 28, 2014, applicant was charged by information with the offense

of assault of a family member in cause number 1991544. (CR 31). In December of

2014, the State filed a motion for a “magistrate’s order for emergency protection.”

(CR 32). The trial court granted this pretrial motion and placed various restrictions

on applicant for the safety of his victim. (CR 33). On March 6, 2015, the trial

court revoked applicant’s bond and denied him a new bond after applicant violated

the terms of the emergency protection order by contacting the victim’s family. (CR

5, 35).

      On April 15, 2015, applicant filed a pretrial application for writ of habeas

corpus in which he asked for the reinstatement of his bond. (CR 5). This writ was

assigned a cause number of 2020596. (CR 5). The trial court denied applicant’s

pretrial application for writ of habeas corpus. (CR 10).


                       SUMMARY OF THE ARGUMENT

      Since applicant’s case was dismissed and he is no longer in custody, any

issue relating to the denial of a pretrial bond is moot.
                        REPLY TO POINT OF ERROR ONE

       In his sole point of error, applicant contends the trial court erred in denying

his request for a pretrial bond because the State failed to prove that he was not

entitled to a bond under the applicable constitutional and statutory provisions.

       This Court need not reach the applicant’s substantive argument because his

case (cause number 1991544) was dismissed on May 28, 2015, and he is no longer

in custody.1 Complaints about pretrial bond are rendered moot when the defendant

is no longer in custody. Perez v. State, 261 S.W.3d 760, 765 (Tex. App.--Houston

[14th Dist.] 2008, pet. ref’d); Guerrero v. State, 99 S.W.3d 852, 853 (Tex. App.--

Houston [14th Dist.] 2003, no pet.). Since applicant is no longer in custody, his

appeal should be dismissed as moot. Id.




1
       For the Court’s convenience, the dismissal form is attached to this brief as an appendix.
The State will ask the Harris County District Clerk’s Office to provide this Court with a
supplemental clerk’s record containing this document.

                                               2
                           CONCLUSION

It is respectfully submitted that the appeal should be dismissed as moot.

                                         DEVON ANDERSON
                                         District Attorney
                                         Harris County, Texas

                                         /s/ Dan McCrory
                                         DAN McCRORY
                                         Assistant District Attorney
                                         Harris County, Texas
                                         1201 Franklin, Suite 600
                                         Houston, Texas 77002
                                         (713) 755-5826
                                         TBC No. 13489950
                                         mccrory_daniel@dao.hctx.net




                                   3
                         CERTIFICATE OF SERVICE

      This is to certify that a copy of the foregoing instrument has been sent to the

following email address via TexFile:

      Jonathan D. Landers
      Attorney at Law
      Jlanders.law@gmail.com

                                                /s/ Dan McCrory
                                                DAN McCRORY
                                                Assistant District Attorney
                                                Harris County, Texas
                                                1201 Franklin, Suite 600
                                                Houston, Texas 77002
                                                (713) 755-5826
                                                TBC No. 13489950



                      CERTIFICATE OF COMPLIANCE

       The undersigned attorney certifies that this computer-generated document
has a word count of 309 words, based upon the representation provided by the
word processing program that was used to create the document.


                                                /s/ Dan McCrory
                                                DAN McCRORY
                                                Assistant District Attorney
                                                Harris County, Texas
                                                1201 Franklin, Suite 600
                                                Houston, Texas 77002
                                                (713) 755-5826
                                                TBC No. 13489950
Date: 6/1/2015



                                         4
APPENDIX




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