Ex Parte Saul Villalobos-Robles v. .

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00421-CR

EX PARTE Saul VILLALOBOS-ROBLES

From the County Court at Law No. 1, Webb County, Texas
Trial Court No. 2024CRB001273L1
Honorable Leticia Martinez, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice

Delivered and Filed: March 25, 2026

DISMISSED

On June 26, 2025, appellant filed a notice of appeal attempting to appeal the trial court’s

order denying relief on his application for writ of habeas corpus seeking discharge based on lack

of probable cause. However, on November 13, 2025, the trial court signed an order granting the

State’s motion to dismiss the underlying case.

“A case becomes moot if a controversy ceases to exist between the parties at any stage of

the legal proceedings, including the appeal.” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732,

737 (Tex. 2005). “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 moot.” See Ex parte Sifuentes, 639 S.W.3d 842, 845 (Tex. App.—San
04-25-00421-CR

Antonio 2022, pet. ref’d). “A court of appeals has no jurisdiction to decide moot controversies and

issue advisory opinions.” Ex parte Huerta, 582 S.W.3d 407, 411 (Tex. App.—Amarillo 2018, pet.

ref’d). See also Ex parte Vela, No. 04-23-00071-CR, 2023 WL 4217666, at *1 (Tex. App.—San

Antonio June 28, 2023, no pet.) (mem. op., not designated for publication).

Because the premise of appellant’s habeas corpus application has been destroyed by the

trial court’s subsequent order dismissing the underlying case, we ordered appellant to show cause

in writing, on or before March 6, 2026, why this appeal should not be dismissed for lack of

jurisdiction. In his response to our show cause order, appellant states “[b]ecause no controversy

exists between the parties, this Court should dismiss the appeal as moot.” Accordingly, we dismiss

this appeal for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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