Opinion
01-22-00224-CR
08-16-2022
IN RE WILLIAM SOLOMON LEWIS, Relator
Do not publish. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Rivas-Molloy, and Guerra.
MEMORANDUM OPINION
PER CURIAM
Relator William Solomon Lewis filed a petition for writ of mandamus complaining of the Harris County District Clerk's failure to assign his notice of appeal, filed on December 10, 2021, to a court of appeals. We dismiss.
The underlying case is The State of Texas v. William Solomon Lewis, cause number 1745375, pending in the 185th District Court of Harris County, Texas, the Honorable Jason Luong presiding.
Relator filed a notice of appeal on December 10, 2021 challenging the trial court's December 2, 2021 denial of his application for writ of habeas corpus. On March 25, 2022, relator filed a petition for writ of mandamus complaining that the Harris County District Clerk had not forwarded the notice of appeal and assigned the appeal to a court of appeals. On April 5, 2022, the Harris County District Clerk transmitted a letter of assignment, assigning the appeal to the 14th Court of Appeals. Because this Court had the earlier-filed mandamus, the appeal was transferred to this Court on May 17, 2022.
If a controversy no longer exists between parties, the case becomes moot. See Reule v. RLZ Inv., 411 S.W.3d 31, 32 (Tex. App.-Houston [14th Dist.] 2013, no pet.). The assignment of the appeal by the Harris County District Clerk rendered this petition for writ of mandamus moot because relator has received the relief he sought in the petition. Relator's appeal is now pending in this Court in appellate case number 01-22-00371-CR, styled Ex parte William Solomon Lewis.
Accordingly, we dismiss the petition for writ of mandamus as moot. Any pending motions are also dismissed as moot.