Ex Parte Juan Alberto Gonzalez v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00541-CR

EX PARTE Juan Alberto GONZALEZ

From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CR-XX-XXXXXXX
Honorable M. Patrick Maguire, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice

Delivered and Filed: January 28, 2026

DISMISSED

Appellant, Juan Alberto Gonzalez, appeals the trial court’s denial of Gonzalez’s pretrial

writ of habeas corpus seeking a bail reduction. We dismiss the appeal as moot.

Gonzalez was charged by indictment on one count of assault on a peace officer. See TEX.

PENAL CODE ANN. § 22.02(b)(2)(B). The trial court set Gonzalez’s bond at $100,000, and it

imposed a “cash-only” restriction. Gonzalez filed a pretrial application for habeas relief in the

form of a reduction in the amount of bail. The trial court denied Gonzalez’s application. Gonzalez

timely appealed. While this appeal was pending, the State notified this court that a jury had

convicted Gonzalez on the charge of assault on a peace officer. The State requested that we dismiss

Gonzalez’s appeal.
04-25-00541-CR

A defendant may file a pretrial writ of habeas corpus seeking bail reduction or release on

personal recognizance bond. TEX. CODE CRIM. PROC. ANN. arts. 11.24, 17.151. However, “‘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.) (quoting Saucedo v. State, 795 S.W.2d 8, 9 (Tex. App.—

Houston [14th Dist.] 1990, no pet.)). An appeal from the denial of a pretrial writ of habeas corpus

seeking bail reduction is rendered moot if the defendant is tried and convicted. Ex parte Tucker,

3 S.W.3d 576, 576 (Tex. Crim. App. 1999) (“The appellant having been tried during the pendency

of this appeal, the question of his pre-trial bond is moot.”); Martinez v. State, 826 S.W.2d 620, 620

(Tex. Crim. App. 1992) (“Applicant has been convicted of the underlying offense and is no longer

subject to pre-trial confinement. Therefore, applicant’s petition is moot[,] and we will not address

the merits of his petition.” (internal citation omitted)).

Since Gonzalez filed his pretrial application for writ of habeas corpus seeking a reduction

in bail, Gonzalez has been convicted on the charged offense, the trial court has rendered judgment

convicting Gonzalez of the charged offense, and Gonzalez was sentenced to eighteen years’

confinement. Because Gonzalez has been convicted of the underlying offense and is no longer

subject to pretrial confinement, his appeal from the denial of his application for a pretrial writ of

habeas corpus is moot. See Ex parte Tucker, 3 S.W.3d at 576; see also Martinez, 826 S.W.2d at

620. Therefore, we dismiss Gonzalez’s appeal as moot.

PER CURIAM

Do Not Publish

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