Ex Parte Lee Brown v. << (2016)

MEMORANDUM OPINION

Appellant Lee Brown was charged by information with violating the Harris County Game Room Regulations by failing to comply with the record keeping requirements. Appellant filed a pretrial application for writ of habeas corpus challenging the constitutionality of the regulations. This appeal is from the denial of his application.

On July 8, 2016, the State filed a motion to dismiss this appeal as moot because the trial court quashed the information and dismissed the underlying case. A certified copy of the dismissal is attached to the State's motion.

The dismissal of the case renders appellant's challenge to the constitutionality of the regulations moot. See Ex parte Morgan, 335 S.W.2d 766, 766 (Tex. Crim. App. 1960); Ex parte Bennet, 818 S.W.2d 199, 200 (Tex. App.–Houston [14th Dist.] 1991, no pet.) (stating that “where the premise of a habeas corpus application is destroyed by subsequent developments, the legal issues raised thereunder are rendered moot.”). Because the sole issue in this appeal is moot, the appeal must be dismissed. See Danziger v. State, 786 S.W.2d 723, 724 (Tex. Crim. App. 1990) (per curiam).

Accordingly, the State's motion to dismiss is GRANTED and the appeal is DISMISSED.

PER CURIAM