VALERO, EX PARTE JUAN v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

PD-0123-23

EX PARTE JUAN VALERO, Appellant

ON DISCRETIONARY REVIEW
FROM THE EIGHTH COURT OF APPEALS
EL PASO COUNTY

Per curiam.

OPINION

Appellant is charged with aggravated assault and aggravated robbery. On January 12,

2021, the competency court found Appellant incompetent and committed him for 120 days

to restore competency. Appellant filed a pretrial habeas application on May 25, 2021,

complaining that he had not yet been transferred to a hospital and requesting immediate

release. The trial court denied habeas relief on September 2, 2022. The Court of Appeals

affirmed. Ex parte Valero, No. 08-22-00172-CR, LEXIS 901 (Tex. App. – El Paso February

13, 2023, pet. granted). We granted Appellant’s petition for discretionary review.

The State has now filed a motion to dismiss, noting that Appellant was transferred to

Vernon State Hospital on June 21, 2023. Accordingly, we grant the State’s motion and

dismiss Appellant’s petition.
FILED: July 19, 2023

DO NOT PUBLISH