Opinion
Cause Number 13-05-00656-CR
Memorandum Opinion Delivered and Filed November 22, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Petition for Writ of Mandamus.
Before Justices HINOJOSA, YAZEZ, and RODRIGUEZ.
MEMORANDUM OPINION
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, Dave Todd, III, filed a petition for writ of mandamus in the above cause on October 24, 2005. The Court requested that the real party in interest, the State of Texas by and through the District Attorney in and for Nueces County, Texas, file a response to the petition for writ of mandamus on or before November 14, 2005. The response was filed on November 10, 2005. The Court, having examined and fully considered the petition for writ of mandamus and response, is of the opinion that this original proceeding should be DENIED as moot. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).