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In re Aguilar

Court of Appeals of Texas, Fourth District, San Antonio
Apr 19, 2023
No. 04-23-00215-CR (Tex. App. Apr. 19, 2023)

Opinion

04-23-00215-CR

04-19-2023

IN RE Edwin Abiel ESCOBAR AGUILAR


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 13321CR, styled State of Texas v. Edwin Abiel Escobar Aguilar, pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.

Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On March 7, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion for stay of the underlying proceeding pending final resolution of the petition for writ of mandamus, which this court granted in part on March 8, 2023.

Relator's mandamus petition argues the trial court has failed to rule on his application for writ of habeas corpus and his motion to waive his required in-person attendance at a March 9, 2023 pretrial hearing. During the pendency of this original proceeding, the trial court ruled on relator's application for writ of habeas corpus. Because relator has received a ruling on his application for writ of habeas corpus, this issue is now moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (orig. proceeding) (holding mandamus petition was moot where relator received relief sought). Additionally, because of the stay granted by this court, relator's complaint about his required in-person attendance at the March 9, 2023 pretrial hearing is moot. See id.

Based on the record before us, relator has obtained the relief sought in his petition for writ of mandamus. Accordingly, his petition for writ of mandamus is moot. See id. We, therefore, dismiss relator's petition for writ of mandamus and lift the stay.


Summaries of

In re Aguilar

Court of Appeals of Texas, Fourth District, San Antonio
Apr 19, 2023
No. 04-23-00215-CR (Tex. App. Apr. 19, 2023)
Case details for

In re Aguilar

Case Details

Full title:IN RE Edwin Abiel ESCOBAR AGUILAR

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 19, 2023

Citations

No. 04-23-00215-CR (Tex. App. Apr. 19, 2023)