CourtListener 10801991•Aurelio Alvarado-Torres v. the State of Texas
Aurelio Alvarado-Torres v. the State of Texas
CourtListener 10801991Txctapp1326 de fev. de 2026
Texto completo
NUMBERS 13-25-00514-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
AURELIO ALVARADO-TORRES, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 24TH DISTRICT COURT
OF REFUGIO COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Cron
Appellant Aurelio Alvarado-Torres was arrested and charged with several
offenses, including engaging in organized criminal activity. Appellant filed a pretrial
application for writ of habeas corpus asserting that, due to the State’s delay, he was
entitled to be released either on personal bond or by reducing the amount of bail required.
See TEX. CODE CRIM. PROC. art. 17.151 § 1(1). The trial court denied the application on
October 14, 2025, and appellant filed a timely notice of appeal.
Appellant has since filed a motion to dismiss the appeal as moot because he is no
longer subject to pretrial detention. Appellant has informed this Court that, pursuant to a
plea agreement, he pleaded guilty to the organized criminal activity offense, the trial court
sentenced him to time served, he was transferred to the custody of the United States
Immigration and Customs Enforcement, and he was deported to Mexico, where he
currently resides.
“The longstanding rule in Texas regarding habeas corpus is that where the premise
of a habeas corpus application is destroyed by subsequent developments, the legal
issues raised thereunder are rendered moot.” Bennet v. State, 818 S.W.2d 199, 200 (Tex.
App.—Houston [14th Dist.] 1991, no pet.); see also Ex parte Greenberg, No. 01-24-
00520-CR, 2025 WL 2773185, at *1 (Tex. App.—Houston [1st Dist.] Sept. 30, 2025, no
pet.) (per curiam) (mem. op., not designated for publication). For instance, a pretrial
application becomes moot when the appellant is convicted of the underlying offense and
is no longer subject to pretrial confinement. Martinez v. State, 826 S.W.2d 620, 620 (Tex.
Crim. App. 1992); see also Ex parte Greenberg, 2025 WL 2773185, at *1; Ex parte Pete,
No. 01-22-00259-CR, 2022 WL 16985609, at *2 (Tex. App.—Houston [1st Dist.] Nov. 17,
2022, pet. ref’d) (mem. op., not designated for publication). Once an appeal becomes
moot, we are generally required to dismiss it for want of jurisdiction. Ex parte Huerta, 582
S.W.3d 407, 411 (Tex. App.—Amarillo 2018, pet. ref’d) (“A court of appeals has no
jurisdiction to decide moot controversies and issue advisory opinions.”); see also Ex parte
Landry, No. 05-22-00181-CR, 2022 WL 3584633, at *1 (Tex. App.—Dallas Aug. 22, 2022,
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no pet.) (mem. op., not designated for publication) (“Subject to exceptions not applicable
to the current case, when habeas proceedings become moot, pending appeals must be
dismissed because appellate courts lack jurisdiction to decide moot controversies and
issue advisory opinions.”).
Because the case against appellant has been disposed of and he is no longer
subject to pretrial detainment, we grant his motion to dismiss the appeal as moot. See
Martinez, 826 S.W.2d at 620. The appeal is hereby dismissed for want of jurisdiction.
JENNY CRON
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
26th day of February, 2026.
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