Ex Parte Joseph Colone v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00359-CR
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EX PARTE JOSEPH COLONE
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 10-10213
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MEMORANDUM OPINION

Joseph Colone appealed from an order denying his application for a writ of

habeas corpus. On December 19, 2023, Colone filed a motion to dismiss the appeal

as moot because he has pleaded guilty and the case upon which he had been seeking

bail is now disposed and a final sentence has been imposed in this case. The State

agrees that the appeal is moot and should be dismissed. Issues regarding pretrial bail

are moot when the accused is no longer subject to pretrial confinement. See Martinez

v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); Bennet v. State, 818 S.W.2d

199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.). Accordingly, we dismiss

the appeal as moot. See Tex. R. App. P. 43.2(f).

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APPEAL DISMISSED.

PER CURIAM

Submitted on January 16, 2024
Opinion Delivered January 17, 2024
Do Not Publish

Before Horton, Johnson and Wright, JJ.

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