Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 4:51:08 PM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-14-00683-CR 3834665 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 4:51:08 PM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS
OF TEXAS THIRD SUPREME JUDICIAL DISTRICT EX PARTE X
TAMMY MARIE YBARRA X
Appellant X No. 3-14-00683-CR X 3-14-00684-CR VS. X 3-14-00685-CR X 3-14-00686-CR THE STATE OF TEXAS , X 3-14-00687-CR Appellee X
MOTION TO DISMISS FOR MOOTNESS TO THE HONORABLE COURT OF APPEALS:
COMES NOW the State of Texas, by and through the Criminal District Attorney of Caldwell County, Texas, and files this Motion to Dismiss for Mootness, and with respect thereto would show unto the Court the following:
I. Appellant, Tammy Marie Ybarra, was sentenced to serve time in the Caldwell County Jail in multiple causes. Through counsel retained after her sentencing, Appellant objected to the trial judge’s order that she remain in jail until her fines and court costs were discharged in full. The trial judge declined to rule on this motion and Appellant appealed to this Court, alleging for the first time that her prior motion was an application for a writ of habeas corpus. This Court has ordered briefing on the issue of whether the trial judge erred in declining to rule on Appellant’s motion and not issuing a writ of habeas corpus.
II. This case is moot because Appellant was unconditionally released from custody on December 23, 2014. See Attachment A. The Texas habeas corpus statute extends relief to individuals that are in custody or under restraint. See T EX . C RIM . P ROC . C ODE art. 11.01 (West 2014). A criminal case is moot if it is shown that there is no possibility that any collateral legal consequences will be imposed on the basis of the challenged conviction. Ex parte Ormsby , 676 S.W.2d 130, 131 (Tex. Crim. App. 1984).
III. Here, Appellant has not challenged her underlying convictions. She has only challenged the trial judge’s order that she remain in jail until all fines and costs have been discharged in full. Appellant was discharged from jail on December 23, 2014, and therefore has already received the relief sought from this Court. Furthermore, there is no possibility that collateral legal consequences will be imposed on the sole basis of her continued confinement for fines and costs. As a result, this case is moot and should be dismissed.
WHEREFORE, PREMISES CONSIDERED, the State prays that this Motion to Dismiss be in all things heard and granted and that the Court dismiss this cause as moot. *3 Respectfully submitted, FRED H. WEBER CRIMINAL DISTRICT ATTORNEY CALDWELL COUNTY, TEXAS P. O. BOX 869 LOCKHART, TEXAS 78644 (512) 398-1811 FAX (512) 398-1814 By: /s/ Benjamin A. Gillis BENJAMIN A. GILLIS ASST. DISTRICT ATTORNEY STATE BAR NO. 24081437 ben.gillis@co.caldwell.tx.us *4 CERTIFICATE OF SERVICE
A true and correct copy of the foregoing Motion was mailed by electronic mail
transmission to Richard Banks, Attorney for the Appellant, at rebbanks@swbell.net, on this the 20 th day of January, 2015. Mr. Banks indicated to the undersigned Assistant District Attorney that email is his preferred method of receiving documents filed with the Court.
By: /s/ Benjamin A. Gillis BENJAMIN A. GILLIS ASST. DISTRICT ATTORNEY *5 Caldwell Counl;y Sheriff's Office PAGE: I Prison Jail Record
Printed : 1/20/2015
SID Number: 04257724 BAG:
wcso 00043429 CELL: W8
DL#: 14698379 State: TX
Name: YBARRA, TAMMY MARIE AKA
Date/Time: May24201410:15PM
Booking Officer DOB: Age: Race: Sex: F 1:1126/1970 43 WHITE Height 5.5 Weight: 140.0
Eyes: BROWN Hair: BROWN SSN 465-59-2107
Street Address : 214HICKORY ST
City : LULING State: TX Phone (830) 875-6400 Zip: 78648
Marital Status: MARRIED POB TEXAS UMEMPLOYED Employer:
Emergency Notification STATON, CATHY Phone (830) 875-6400
Address: 500 S HACKBERRY APT ll
Scars or Tattoos: TAT NECK; TAT CHEST; TAT L LEG; TAT R LEG; TATLARM; TAT R ARM 2700 WEST PIERCE STREET LULING TEXAS
Place of Arrest :
Arresting Officer I Agency : !NICKELL Transporting Officer I Agency
Searched By :
Warrant Number: 44176 County I Location <None>
Offense: EVADING ARREST DETENTION
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 07/0&'2014 Warrant Number: County I Location Offense: PUBLIC INTOXICATION W/3 PRIOR CONVICTIONS
Magistrate: JDCOGGINS Bond Amount 500.00
Dispostion PENDING Disposition Date: NIA Warrant Number: 42930 County I Location CALDWELL CO SO LOCKHART
Offense: MRP-CRIMINAL TRESPASS HABITiSUPERI'UNDnNFRASTRUCTION Magistrate: Bond Amount 0.00 JDCOGGINS
Dispostion SENTENCED Disposition Date: 06/2512014
Warrant Number: 42741 County I Location CALDWELL CO SO LOCKHART
Offense: MRP-CRIMINAL TRESPASS
Bond Amount 0.00 Magistrate: JDCOGGINS
Dispostion SENTENCED Disposition Date: 06/25120I4 43238 County I Location CALDWELL CO SO LOCKHART Warrant Number :
Offense: DRIVING WHILE INTOXICATED
Bond Amount Magistrate: JDCOGGINS 0.00
Dispostion SENTENCED Disposition Date: 06/2512014
War(l!llt Number: 43890CT 1-4 County I Location <None>
Offense: POSS DANGEROUS DRUG
Bond Amount 0.00 Magistrate:
Dispostion SENTENCED Disposition Date: 06/2512014
Warrant Number: 44176 County I Location , <None>.
Ofiense: EVADING ARREST DETENTION
Bond Amount 0.00 Magistrate:
Dispostion Disposition Date: SENTENCED 07/0812014
VEHICLE NO HOLD PLACED:
WHERE
COlOR: YEAR 0 MAKE MODEL TX
LIC#: STATE:
HOW TIME SERVED/PO FINES
SERVED Yrs: 0 Dys: 0 Hrs: 0 RELEASING JULIAN RAMIREZ
RELEASED DATE/TIME: Dee 23 2014 9:02PM
RELEASE INFORMATION: SERVED REMAINDER OF TIME AND PAID FINES IN THE AMOUNT OF $432.92
PRISONER SIGNATURE IN: PRISONER SIGNATURE OUT: - - - - - - - - - - - - - - - - -
INMATES INMATES BONDSMAN:
INMATES RELEASED PAID FINESffiME SERVED AGENCY DATE/TIMEOFRELEASE: Dcc232014 9:02PM