In Re Rafael Guillen v. the State of Texas

• Court: Texas Court of Appeals, 8th District (El Paso)
• Decided: May 7, 2026
• Docket: 08-26-00090-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-26-00090-CR ————————————

In re Rafael Guillen, Relator

AN ORIGINAL PROCEEDING IN MANDAMUS

M E MO RA N D UM O PI NI O N In this original proceeding, Relator Rafael Guillen seeks mandamus relief for the trial

court’s failure to enter a ruling on his “Motion for Judgment Nunc Pro Tunc,” directed at the

Honorable Kathleen H. Olivares of the 205th District Court of El Paso County, Texas. The

Honorable Francisco X. Dominguez became the successor judge of the 205th District Court and is

now presiding over the underlying matter. We abated Relator’s petition for writ of mandamus on

February 26, 2026. to allow the trial court’s successor judge to consider Relator’s motion. See

Tex. R. App. P. 7.2(b) (“If the case is an original proceeding under Rule 52, the court must abate

the proceeding to allow the successor to reconsider the original party’s decision.”). On April 27, 2026, the trial court’s successor judge signed an order granting Relator’s “Motion for Judgment

Nunc Pro Tunc.”

We reinstate the appeal and dismiss as moot the petition for writ of mandamus.

MARIA SALAS MENDOZA, Chief Justice

May 7, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

(Do Not Publish)