in Re Jason Miears, Relator

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00651-CR

IN RE Jason MIEARS

Original Mandamus Proceeding1

Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice

Delivered and Filed: November 4, 2009

PETITION FOR WRIT OF MANDAMUS DENIED

On October 13, 2009, relator Jason Miears filed a petition for writ of mandamus,

complaining of the trial court’s failure to rule on his motion to proceed pro se in the competency

hearing. Relator alleges he filed his motion on October 8, 2009. However, on October 20, 2009,

relator waived the issue of incompetency at a hearing before the trial court. Therefore, we DENY

AS MOOT relator’s petition for writ of mandamus. TEX . R. APP . P. 52.8(a).

DO NOT PUBLISH

… This proceeding arises out of Cause No. 2009-CR-6566, styled State v. Jason Miears, 1

pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.