in Re the City of Meadows Place, Texas, and Gary Stewart, Chief of Police

Opinion

ACCEPTED

N/A

FIRST COURT OF APPEALS

HOUSTON, TEXAS 2/19/2016 6:30:29 AM CHRISTOPHER PRINE

CLERK

No. 01-16-00073-CR

FILED IN

No. 01-16-00074-CR 1st COURT OF APPEALS HOUSTON, TEXAS

2/19/2016 6:30:29 AM

In The

CHRISTOPHER A. PRINE

Clerk

First Court of Appeals

In re The City of Meadows Place, Texas § and Gary Stewart, Chief of Police § §

Relators. §

Unopposed Motion to Dismiss Original Proceeding as Moot

To The Honorable First Court of Appeals:

Relators The City of Meadows Place, Texas and Gary Stewart, Chief of Police

move to dismiss these original proceedings for writ of mandamus and writ of

prohibition because the order under review has become moot.

1. These original proceedings arise from an order issued by Respondent Hon.

Ruben Guerrero, Presiding Judge of the 174th Criminal District Court in Harris

County, Texas. R. 15. The subject order directed the City of Meadows Place,

Texas, and Gary Stewart, Chief of Police, to register an individual as a sex offender

within the jurisdiction of The City of Meadows Place, Texas, but at a place that is

in violation of the City’s ordinance regulating registration of sex offenders. The

contested order was entered on January 14, 2016.

2. On February 15, 2016, Respondent issued a new order that vacates the

January 14 Order to Register. See Supp. R. 30 and Order attached as Appendix

Item 1. The Order vacates the conditions granting Real Party in Interest Shane

West permission to reside in The City of Meadows Place, Texas. The Order also

vacates any prior findings Respondent may have made as to the City’s ordinance

regarding registered sex offenders. See id.

3. In light of Respondent’s February 15 Order, these original proceedings for

writ of mandamus and prohibition have become moot. Murphy v. Hunt, 455 U.S.

478, 481 (1982) (explaining a case becomes moot when the issues presented are no

longer live or the parties lack a legally cognizable interest in the outcome). The

nature of the subsequent order, under which the Real Party in Interest will not

reside within the jurisdiction of The City of Meadows Place, Texas, disposes of any

controversy between the parties to the original proceedings. Accordingly, the

original proceedings are moot and the Court no longer has jurisdiction. See In re

Burks, No. 01-02-01053-CV, 2002 WL 31684686, at *1 (Tex. App.—Houston [1st

Dist.] Nov. 27, 2002, orig. proceeding).

4. Therefore, Relators The City of Meadows Place, Texas and Gary Stewart,

Chief of Police move to dismiss these original proceedings. They request that the

order of dismissal and judgment of this Court reflect that Relators bear his or its

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4846-0833-6686, v. 1 own taxable costs of court reflected in this Court’s Bill of Costs. Relators request

other relief consistent with the dismissal.

Respectfully submitted,

Mills Shirley L.L.P.

By: /s/ George W. Vie III George W. Vie III

State Bar No. 20579310 2228 Mechanic Street, Suite 400 Galveston, Texas 77550 (713) 571-4232 Fax (713) 893-6095 gvie@millsshirley.com

Attorneys for Relators

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4846-0833-6686, v. 1

Certificate of Conference

As required by Tex. R. App. P. 10.1(a)(5), I certify that I conferred on February 17, 2016, with the counsel for Real Parties in Interest about the merits of this motion:

Quentin Tate Williams Hilder & Associates, P.C. 819 Lovett Blvd. Houston, Texas 77006

Attorneys representing Real Party in Interest Shane West

Alan Curry Harris County District Clerk - Criminal 1201 Franklin, Ste 3180 Houston, TX 77002

Attorneys representing Real Party in Interest State of Texas

□ opposes motion X do not oppose motion □ agrees with motion □ would not say whether motion is opposed □ was not contacted after hours

/s/ George W. Vie III George W. Vie III

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4846-0833-6686, v. 1

CERTIFICATE OF SERVICE

As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties – which are listed below – on July 6, 2015, as follows:

Quentin Tate Williams Hilder & Associates, P.C. 819 Lovett Blvd. Houston, Texas 77006

Attorneys representing Real Party in Interest Shane West

Alan Curry Harris County District Clerk - Criminal 1201 Franklin, Ste 3180 Houston, TX 77002

Attorneys representing Real Party in Interest State of Texas

By: □ personal delivery X e-service □ commercial delivery service □ fax

/s/ George W. Vie III George W. Vie III

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4846-0833-6686, v. 1

Appendix Tab 1 02/08/2016 06:50:54 PM 713-755-1451 Page 5 / 5 Filed 16 February 08 P6:51 Chris Daniel - District Clerk Harris County FAX16309565

I

NO 1374217

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::l STATROF TEXAS ~ TN THF, DTSTRTCT COlTRT ;z;

§

8 ~ vs. § l 74rn JUDICIAL DISTRICT §

SHANE WES'f § HARRIS COUNTY, TEXAS

ORDER

On this <latt: l:amt: to be heard Ddt:ndant Shane West's '·Motion to Set Aside and Vacate Previous Orders and Findings and to Amend Conditions of Community Supervision" and after considering same, the motion is hereby

UENIEr>

And. if granted, the court ORDERS that this Court's January 14, 2016, "Order to Rcgiscer Defendant as Sex Offender in City of Meadows Place, Texas·· is hereby VACATED and SET ASIDE, including any findings therein. And that any findings, oral or \vritten. made on January 22, 2016, about any ordinanl:e of the City of Meadows Place are similarly VACATED and SET ASIDE.

Any specific conditions of community supervision granting Shane West permission to reside at 2306 Meadow Berry Drive, Meadows Place or Stafford, Texas, 77477, entered at anv time are also VACA TED and SET ASIDE. A 11 other terms and Conditions of Community Supervision shall remain in effect until farther Order of this Court.

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IT IS ORDERED DATE: iw .2011 2016.

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8::I z..... PRFSTDTNG JCIT1GE. c:: <l.)

174TH CRIMINAL DISTRICT COURT 8::l

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STATE OF TEXAS COUNTY OF HARRlS !tChr1a Daniel, Olatrfcl Clor~ ~ Harri& County, Texa•.i certify that tnll 11 I lruO end 0011". 'Jl~~ :.r l',Gotlvlnel r&CQ(d nled arid Otrecotded In my olll~. oleei1011i. ·; - . copy, ss nappears on lhla drlt. WllnHa my ortlclsl t11.1rr<i 11r.o aoal of otflce this fEB 1 5 M CHRIS. DANI E~1 DISTRICT CLERK HZ? ~~;;::XAs Deputy R_031