in Re Benjamin Elias

Opinion

Fourth Court of Appeals

San Antonio, Texas

December 5, 2017

No. 04-17-00722-CR

IN RE Benjamin ELIAS

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Irene Rios, Justice

Relator filed his petition for writ of mandamus on November 2, 2017, complaining that Respondent has “fail[ed] to conduct a hearing regarding Relator’s [application for] writ of habeas corpus.” On November 29, 2017, Respondent filed with this court a copy of a Notice of Hearing setting Relator’s application for writ of habeas corpus to be heard on December 22, 2017, at 9:00 am. The trial court is granting Relator the relief he seeks through this proceeding. Thus, this original mandamus proceeding is DISMISSED AS MOOT.

It is so ORDERED on December 5, 2017.

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Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of December, 2017.

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KEITH E. HOTTLE, Clerk of Court

1 This proceeding arises out of Cause No. 427052, styled State of Texas v. Benjamin Elias, pending in the County Court at Law No. 12, Bexar County, Texas, the Honorable Scott Roberts presiding.