in Re: Fernando Garcia

• Court: Court of Appeals of Texas
• Decided: January 12, 2007
• Docket: 13-07-00015-CR
• Status: Published

Opinion

NUMBER 13-07-015-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________________

IN RE: FERNANDO GARCIA

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On Petition for Writ of Mandamus __________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Per Curiam Memorandum Opinion ⁽¹⁾

Relator, Fernando Garcia, filed a petition for writ of mandamus in the above cause on January 10, 2007, in which he alleges that respondent, the Presiding Judge of the 93rd Judicial District Court of Hidalgo County, Texas, abused his discretion by failing to enforce an order issued on July 7, 2006, by the Texas Court of Criminal Appeals, ordering respondent to allow relator an out-of time appeal. Reviewing this Court's record sua sponte, relator's notice of appeal was filed on September 1, 2006, and appellant's brief is due to be filed on January 27, 2007, by appointed counsel, Oscar Rene Flores. The Court, therefore, is of the opinion that relator's petition is now moot. Accordingly, relator's petition for writ of mandamus is denied as moot. See Tex. R. App. P. 52.8(a).

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this 12th day of January, 2007.

1.

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).