Opinion
No. 04-09-00193-CR
Delivered and Filed: May 6, 2009. DO NOT PUBLISH.
Original Mandamus Proceeding. PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT.
This proceeding arises out of Cause No. 2005-CRS-000494-D4, styled State of Texas v.Guillermo Castaneda Rodriguez, filed in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale presiding.
Sitting: SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On April 3, 2009, relator Guillermo Rodriguez Castaneda filed a petition for writ of mandamus, seeking to compel the trial court to enter a nunc pro tunc order modifying his judgment of conviction to reflect additional jail time credit. We requested a response from the respondent and the real party in interest. The Honorable Oscar J. Hale, Jr. filed a response, agreeing with relator that he is entitled to the additional jail credit he seeks. On April 27, 2009, the trial court signed an order granting the the additional jail credit and a "2nd Amended Judgment of Conviction by Court," awarding relator a total of 1194 days of jail credit. Therefore, the petition for writ of mandamus is now moot. Accordingly, we DENY the petition for writ of mandamus as MOOT.