Ex parte Joyner

I respectfully dissent because (1) this court has made an improper assumption of fact; and (2) Joyner’s pretrial writ of ha-beas corpus alleges a constitutional impediment to prosecution that does not depend on his incarceration, so his imprisonment for another crime does not render his current appeal moot.

*739I. Improper Assumption of Fact

The State did not file a Motion to Dismiss, and our record in this case does not include information about Joyner’s current imprisonment on another charge. Only by examining court files for another case, Cause No. 14-11-00807-CR, did we discover that Joyner is…