in Re: Reginald Medina

• Court: Court of Appeals of Texas
• Decided: August 28, 2009
• Docket: 13-09-00464-CR
• Status: Published

Opinion

NUMBER 13-09-00464-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE REGINALD MEDINA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam1

Relator, Reginald Medina, filed a petition for writ of mandamus in the above cause

on August 13, 2009, through which he complains that the trial court erred in refusing to

issue a nunc pro tunc judgment reflecting the time credit to which relator is allegedly

entitled. The Court requested and received a response from the real party in interest, the

State of Texas, acting by and through the Criminal District Attorney of Nueces County,

Texas.

1 See T EX . R. A PP . P. 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions). The real party in interest has now filed an unopposed motion to dismiss this petition

for writ of mandamus. According to the motion, the matters in this original proceeding have

been resolved and this proceeding has been rendered moot.

The Court, having examined and fully considered the petition for writ of mandamus

and the unopposed motion to dismiss, is of the opinion that the parties are entitled to the

relief sought. Accordingly, the motion to dismiss is GRANTED, and the petition for writ of

mandamus is DISMISSED AS MOOT without reference to the merits thereof.

PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this 28th day of August, 2009.