Ex parte Sutherland

OPINION

WOODLEY, Presiding Judge.

This is an appeal from an order entered after hearing by the County Judge of Kerr County denying relief in a habeas corpus proceeding attacking the legality of appellant’s confinement under commitment for fine and costs assessed by a Justice of the Peace.

Appellant’s counsel has forwarded to this court an order dismissing the charges in a separate criminal action in the County Court upon motion of the County Attorney for the reason:

“The Defendant has already served sufficient time in the County Jail and is beginning to serve a two year sentence in the State…