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In re Becka

Court of Appeals of Texas, Fourth District, San Antonio
Jan 25, 2023
No. 04-22-00748-CR (Tex. App. Jan. 25, 2023)

Opinion

04-22-00748-CR

01-25-2023

IN RE David Gene BECKA


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 2019-CR-1257, styled The State of Texas vs. David Becka, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Andrew Wyatt Carruthers presiding.

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice.

MEMORANDUM OPINION

PER CURIAM.

PETITION FOR WRIT OF MANDAMUS AND PROHIBITION DISMISSED AS MOOT

On November 4, 2022, relator filed a petition for writ of mandamus and prohibition complaining about a Bexar County residency requirement imposed as a bond condition in the trial court's order titled "Special Conditions of Release on Bond." Relator also filed an emergency motion for stay, which we granted in part on November 4, 2022. We requested responses from the trial court and real party in interest.

On December 13, 2022, the trial court filed a response revealing it signed an order on November 17, 2022, which allows relator to reside in Austin, Texas while out on bond-the relief he seeks through his petition. Accordingly, an order from this court will have no practical effect because there is nothing to mandamus. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (orig. proceeding) (dismissing petition because relief sought had become moot). Because relator has received the relief requested in his petition, we dismiss the petition as moot. The stay imposed on November 4, 2022 is lifted.


Summaries of

In re Becka

Court of Appeals of Texas, Fourth District, San Antonio
Jan 25, 2023
No. 04-22-00748-CR (Tex. App. Jan. 25, 2023)
Case details for

In re Becka

Case Details

Full title:IN RE David Gene BECKA

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

Date published: Jan 25, 2023

Citations

No. 04-22-00748-CR (Tex. App. Jan. 25, 2023)