in Re David Gene Becka

• Court: Court of Appeals of Texas
• Decided: January 25, 2023
• Docket: 04-22-00748-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-22-00748-CR

IN RE David Gene BECKA

Original Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Lori I. Valenzuela, Justice

Delivered and Filed: January 25, 2023

PETITION FOR WRIT OF MANDAMUS AND PROHIBITION DISMISSED AS MOOT

On November 4, 2022, relator filed a petition for writ of mandamus and prohibition

complaining about a Bexar County residency requirement imposed as a bond condition in the trial

court’s order titled “Special Conditions of Release on Bond.” Relator also filed an emergency

motion for stay, which we granted in part on November 4, 2022. We requested responses from the

trial court and real party in interest.

On December 13, 2022, the trial court filed a response revealing it signed an order on

November 17, 2022, which allows relator to reside in Austin, Texas while out on bond—the relief

he seeks through his petition. Accordingly, an order from this court will have no practical effect

because there is nothing to mandamus. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App.

1 This proceeding arises out of Cause No. 2019-CR-1257, styled The State of Texas vs. David Becka, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Andrew Wyatt Carruthers presiding. 04-22-00748-CR

2014) (orig. proceeding) (dismissing petition because relief sought had become moot). Because

relator has received the relief requested in his petition, we dismiss the petition as moot. The stay

imposed on November 4, 2022 is lifted.

DO NOT PUBLISH

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