CourtListener 10769096•Ex Parte Joshua Deshun Lyda v. the State of Texas
Ex Parte Joshua Deshun Lyda v. the State of Texas
CourtListener 10769096Txctapp32 gen 2026
Testo completo
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00888-CR
NO. 03-25-00889-CR
Ex parte Joshua Deshun Lyda
FROM THE 426TH DISTRICT COURT OF BELL COUNTY
NOS. 23DCR88378 & 23DCR88375
THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING
MEMORANDUM OPINION
Joshua Deshun Lyda was charged with the felony offenses of murder and evading
arrest with a vehicle. See Tex. Penal Code §§ 19.02, 38.04(b)(2)(A). After his arrest, he filed a
pretrial application for writ of habeas corpus seeking bond reductions. See Tex. Code Crim.
Proc. arts. 1.09, 11.01, 17.151. The trial court denied the application, and he appealed that ruling
to this Court. See Ex parte Gill, 413 S.W.3d 425, 426, 431 (Tex. Crim. App. 2013) (considering
appeal of denial of habeas application seeking reduction in bail under article 17.151). After
filing his appeal, he pleaded guilty to both charges after entering into plea agreements with the
State. Consistent with the agreements, the trial court convicted him and sentenced him to fifty
years’ imprisonment for the murder offense and to ten years’ imprisonment for the evading
offense. See Tex. Penal Code §§ 12.32, .34.
“[T]he premise of a habeas corpus application” can be “destroyed by subsequent
developments,” which “render[s] moot” “the legal issues raised thereunder.” Bennet v. State,
818 S.W.2d 199, 200 (Tex. App.—Houston [14th Dist.] 1991, no pet.) (internal quotations
omitted). “Because Appellant has now been convicted, any issues concerning pretrial bond
are moot.” See Ex parte Hodges, No. 02-02-00429-CR, 2003 WL 21359331, at *1 (Tex. App.—
Fort Worth June 12, 2003, no pet.) (mem. op., not designated for publication) (per curiam)
(dismissing appeal of denial of habeas application seeking bond reduction after defendant
pleaded guilty under plea agreement); see also Rubio v. State, No. 03-24-00413-CR, 2024 WL
4244572, at *1 (Tex. App.—Austin Sept. 20, 2024, no pet.) (mem. op., not designated for
publication) (explaining that because defendant “has been convicted of the underlying offense
and is no longer subject to pretrial confinement, his appeal from the denial of his pretrial habeas
application is moot”); Bennet, 818 S.W.2d at 200 (noting that “because appellant is now legally
confined pursuant to a guilty verdict,” appeal “regarding lowering bail is now moot”).
Accordingly, we dismiss Lyda’s appeals as moot.
__________________________________________
Karin Crump, Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Dismissed as Moot
Filed: January 2, 2026
Do Not Publish
2
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.