in Re Rosendo Martinez

Opinion

Fourth Court of Appeals San Antonio, Texas May 29, 2014

No. 04-14-00293-CR

IN RE Rosendo MARTINEZ

Original Mandamus Proceeding 1

ORDER

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

On April 28, 2014, relator filed a pro se petition for writ of mandamus raising two separate bases for mandamus relief. This court is without jurisdiction to consider relator’s complaint related to his pending application for post-conviction habeas corpus relief. Accordingly, the petition for writ of mandamus is DISMISSED IN PART FOR LACK OF JURISDICTION. With respect to relator’s complaint that the trial court failed to rule on a pending motion within a reasonable time, the court has considered relator’s petition and the response filed on behalf of the respondent judge and has determined that the petition is now moot. Accordingly, relator’s petition for writ of mandamus is DENIED IN PART AS MOOT. See TEX. R. APP. P. 52.8(a). Relator’s request for leave to file the petition for writ of mandamus is also DENIED AS MOOT. The court’s opinion will issue at a later date.

It is so ORDERED on May 29th, 2014.

_____________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of May, 2014.

_____________________________ Keith E. Hottle Clerk of Court

1 This proceeding arises out of Cause No. 1983-CR-0599B-W1, styled The State of Texas v. Rosendo Martinez, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen Jr. presiding.