CourtListener 10691052•Ex Parte Forrest Greenberg v. the State of Texas
Ex Parte Forrest Greenberg v. the State of Texas
CourtListener 10691052Txctapp1Sep 30, 2025
Full text
Opinion issued September 30, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00520-CR
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EX PARTE FORREST GREENBERG, Appellant
On Appeal from the 488th District Court
Harris County, Texas
Trial Court Case No. 1865734
MEMORANDUM OPINION
Appellant, Forrest Greenberg, was indicted for the first-degree felony offense
of aggravated sexual assault of a child younger than 14 years old.1 In the underlying
case, appellant filed a pretrial application for writ of habeas corpus asserting that he
was not indicted within the statute of limitations for the offense. After a hearing on
1
See TEX. PENAL CODE ANN. § 22.021.
appellant’s pretrial habeas application, the trial court denied appellant’s pretrial
application for writ of habeas corpus. Appellant timely filed a notice of appeal from
the trial court’s denial of his habeas application.
On September 16, 2025, the State filed a “Motion to Dismiss as Moot,” stating
that on September 8, 2025, “appellant was convicted after a jury trial and sentenced
to life with the possibility of parole.” Because the appellant has been convicted and
sentenced, he is no longer being confined pursuant to the indictment and is instead
confined pursuant to his conviction and the trial court’s judgment. Therefore, the
State asserted that the appeal from the trial court’s denial of his pretrial habeas
application has been rendered moot.
“Habeas corpus is an extraordinary remedy and is available only when there
is no other adequate remedy at law.” Ex parte Cruzata, 220 S.W.3d 518, 520 (Tex.
Crim. App. 2007). “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.)
(internal quotations omitted). Where, as here, appellant’s underlying case has been
disposed by entry of judgment, the requested habeas relief has been mooted. See
Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—Houston [14th Dist.] 1992, no pet.)
(“Appellant’s application for writ of habeas corpus entailed a challenge to the
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legality of his original confinement. Appellant is no longer confined based on the
process underlying his original detention, but is now confined pursuant to judgment
and sentence . . . . Where the premise of a habeas corpus application is destroyed by
subsequent developments, the legal issues raised thereunder are rendered moot.”);
see also 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) (“An appeal challenging the denial of a pretrial application for writ of
habeas corpus is rendered moot when the appellant is convicted of the underlying
offense before the appellate court rules on his appeal.”).
Because the case against appellant has been disposed of, “the premise of
[appellant’s] habeas corpus application is destroyed . . . [and] the legal issues raised
thereunder are moot.” See Ex parte Guerrero, 99 S.W.3d 852, 853 (Tex. App.—
Houston [14th Dist.] 2003, no pet.) (internal quotations omitted). Accordingly, we
grant the State’s motion and dismiss the appeal as moot. See TEX. R. APP. P. 43.2(f).
We also dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Guerra, Guiney, and Johnson.
Do not publish. TEX. R. APP. P. 47.2(b).
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