Opinion
No. 10-18-00113-CR
04-25-2018
IN RE WILLIAM CHARLES WEBB
Original Proceeding
MEMORANDUM OPINION
In this original proceeding, Relator William Charles Webb seeks to compel the respondent, the Judge of the 54th Judicial District Court of McLennan County, to consider and rule on Webb's request for appointment of counsel under Chapter 64 of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 64.01(c) (West Supp. 2017). The State filed a response, asserting that the Honorable George Allen, sitting by assignment in the 54th Judicial District Court of McLennan County, signed an order denying Webb's request for appointment of counsel on February 27, 2018, and the State attached a file- marked copy of the order. We have now also received a document from Webb stating that, in light of the State's response, he must withdraw his petition for writ of mandamus because it is moot. Webb's petition for writ of mandamus is therefore dismissed as moot.
The petition for writ of mandamus has several procedural deficiencies. See TEX. R. APP. P. 52.3. It also lacks a proper proof of service. A copy of all documents presented to the Court must be served on all parties to the proceeding and must contain proof of service. Id. at 9.5. Because of our disposition and to expedite it, we will implement Rule of Appellate Procedure 2 and suspend these rules in this proceeding only. Id. at 2.
REX D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition dismissed
Opinion delivered and filed April 25, 2018
Do not publish
[OT06]