in Re Brian Davenport

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00298-CR

IN RE BRIAN DAVENPORT

ORIGINAL PROCEEDING

From the 19th District Court McLennan County, Texas Trial Court No. 2019-792-C1

MEMORANDUM OPINION

Brian Davenport filed a petition for writ of mandamus on November 16, 2020

seeking to compel the Honorable Ralph Strother of the 19th District Court of McLennan

County to rule on his request for release pursuant to Article 17.151 of the Texas Code of

Criminal Procedure and his motion for speedy trial. After this original proceeding was

filed, Judge Strother retired and ceased to hold office as the Judge of the 19th District

Court, and the Honorable Thomas West now serves as the Judge of the 19th District Court.

This Court abated the proceeding to the trial court to allow the new trial judge an

opportunity to rule on Davenport’s motions. Judge West entered an order denying Davenport’s motions on January 26, 2021. Accordingly, Davenport’s petition for writ of

mandamus filed is dismissed as moot.

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Neill, and Justice Johnson Petition dismissed Opinion delivered and filed March 10, 2021 Do not publish [OT06]

In re Davenport Page 2