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In re Casillas

Court of Appeals of Texas, Fourth District, San Antonio
May 10, 2023
No. 04-23-00181-CR (Tex. App. May. 10, 2023)

Opinion

04-23-00181-CR

05-10-2023

IN RE Martin Neftali SILVA CASILLAS


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 13726CR, styled State of Texas v. Martin Neftali Silva Casillas, pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.

Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM.

Petition for Writ of Mandamus Dismissed as Moot

On March 6, 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 urge. Relator's motion seeks to continue his required in-person attendance at a March 9, 2023 pretrial hearing continued until the trial court rules on his application for writ of habeas corpus.

During the pendency of this original proceeding, the trial court ruled on relator's application for writ of habeas corpus. When the trial court ruled on his application for writ of habeas corpus, relator received the relief he sought through his mandamus petition, rendering his petition 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. We, therefore, dismiss relator's petition for writ of mandamus and lift the stay.


Summaries of

In re Casillas

Court of Appeals of Texas, Fourth District, San Antonio
May 10, 2023
No. 04-23-00181-CR (Tex. App. May. 10, 2023)
Case details for

In re Casillas

Case Details

Full title:IN RE Martin Neftali SILVA CASILLAS

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

Date published: May 10, 2023

Citations

No. 04-23-00181-CR (Tex. App. May. 10, 2023)