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Ex parte Horton

Appellant's habeas application challenges the validity of the capias under which he was held before the revocation hearing. After his community supervision was revoked, he was no longer being held on that capias but rather was being held on the court's revocation judgment. Thus, after revocation he was no longer subject to pretrial confinement. Waco Court of Appeals, No. 10-09-00228-CR, 11-10-2009

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OPINION

William Joseph Horton appeals the denial of his pretrial application for writ of habeas corpus which he filed in connection with the State’s motion to revoke his community supervision. Horton contends in his sole point that the court erred by denying his habeas application because his confinement was unlawful due to the capias for his arrest having been issued before the revocation motion was filed. Because Horton’s community supervision has since been revoked, we will dismiss this appeal as moot.

The trial court signed the order denying Horton’s habeas application on July 8, 2009, and he timely perfected this appeal. However, his community supervision was revoked on July 27 after a contested hearing.*fn1 Because his community supervision has been revoked, he is no longer subject to “pre-trial” confinement under the capias. Thus, it appears that his habeas claim is moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex. Crim. App. 1992); In re Soliz, No. 01-08-00877-CR, 2008 WL 5392029, at *1 (Tex. App.–Houston [1st Dist.] Dec. 19, 2008, orig. proceeding) (per curiam) (not designated for publication); Hubbard v. State, 841 S.W.2d 33,33 (Tex. App.–Houston [14th Dist.] 1992, no pet.).

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