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In re Garcia

Court of Appeals of Texas, Fourth District, San Antonio
Aug 4, 2021
No. 04-21-00142-CR (Tex. App. Aug. 4, 2021)

Opinion

04-21-00142-CR

08-04-2021

IN RE Gabriel R. Garcia, Relator


Do Not Publish

Original Mandamus Proceeding

This proceeding arises out of Cause No. 2007CRS000739D4 in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale, Jr. presiding.

Opinion on State's Motion for Rehearing

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

MEMORANDUM OPINION

Patricia O. Alvarez, Justice

Relator filed a petition for writ of mandamus complaining of the respondent trial judge's failure to rule on a motion. On original submission, we conditionally granted relief. The State filed a motion for rehearing, arguing that this case is moot. Relator also filed a motion to compel the trial judge to rule on his motion as per our order on original submission.

Supplemental records have been filed showing: (1) the trial court has ruled on Garcia's motion; (2) the State filed a motion for the trial court to reconsider its order, arguing the trial court lacked jurisdiction to grant Garcia's motion because the issue was moot; and (3) the trial court agreed with the State and determined that the State's motion itself was moot.

Considering the record before us, we conclude the dispute over the trial court's failure to rule on relator's original motion is now moot. See Chacon v. State, 745 S.W.2d 377, 378 (Tex. Crim. App. 1988) ("Generally a cause, issue or proposition is or becomes moot when it does not, or ceases to, rest on any existing fact or right."). We therefore grant the State's motion for rehearing, withdraw our original opinion and order, substitute today's opinion and order in their stead, and dismiss this proceeding as moot.

MOTION FOR REHEARING GRANTED, RELATOR'S MOTION TO COMPEL AND PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT


Summaries of

In re Garcia

Court of Appeals of Texas, Fourth District, San Antonio
Aug 4, 2021
No. 04-21-00142-CR (Tex. App. Aug. 4, 2021)
Case details for

In re Garcia

Case Details

Full title:IN RE Gabriel R. Garcia, Relator

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

Date published: Aug 4, 2021

Citations

No. 04-21-00142-CR (Tex. App. Aug. 4, 2021)