In re Garcia

Full title: IN RE: FERNANDO GARCIA

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Jan 12, 2007

No. 13-07-015-CR (Tex. App. Jan. 12, 2007)

Opinion

No. 13-07-015-CR

Filed January 12, 2007. Do not publish, Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Justices RODRIGUEZ, GARZA, and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion[fn1] [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Fernando Garcia, filed a petition for writ of mandamus in the above cause on January 10, 2007, in which he alleges that respondent, the Presiding Judge of the 93rd Judicial District Court of Hidalgo County, Texas, abused his discretion by failing to enforce an order issued on July 7, 2006, by the Texas Court of Criminal Appeals, ordering respondent to allow relator an out-of time appeal. Reviewing this Court's record sua sponte, relator's notice of appeal was filed on September 1, 2006, and appellant's brief is due to be filed on January 27, 2007, by appointed counsel, Oscar Rene Flores. The Court, therefore, is of the opinion that relator's petition is now moot. Accordingly, relator's petition for writ of mandamus is denied as moot. See Tex. R. App. P. 52.8(a).