in Re Daniel Rodriguez v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2010
• Docket: 14-10-00367-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed as Moot and Memorandum Opinion filed June 17, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00358-CR

NO. 14-10-00367-CR

IN RE DANIEL RODRIGUEZ, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

On April 21, 2010, Relator, Daniel Rodriguez, filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  The petitioner asks this court to order the respondents, the Honorable Larry Standley, presiding judge of County Criminal Court at Law No. 6, Harris County, Texas, and Loren Jackson, District Clerk of Harris County, to “issue a writ of mandamus ordering the application for a writ of habeas corpus filed or in the alternative ordering that the appeal be reinstated and record sent to this court.”

Relator filed an application for writ of habeas corpus in the trial court seeking release from a 1996 misdemeanor conviction for driving while intoxicated.  The trial court denied relator’s application, and relator attempted to appeal the denial.  The trial court, however, denied appellant’s notice of appeal.

On June 1, 2010, the trial court withdrew its previous order denying relator’s right to appeal.  The court further ordered the Harris County District Clerk to immediately assemble and transmit the clerk’s record to this court.  

Accordingly, the petition for writ of mandamus is ordered dismissed as moot.

PER CURIAM

Do Not Publish — Tex. R. App. P. 47.2(b).

Panel consists of Justices Anderson, Frost, and Seymore.