In re Harvey Leroy Sossamon, III--Appeal from 25th Judicial District Court of Guadalupe County

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: December 22, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

On December 1, 2004, Harvey Leroy Sossamon, III, filed a petition for writ of mandamus, complaining that the trial court failed to rule on his motions in the underlying criminal cause of action within a reasonable period of time. Because we were of the tentative opinion that a serious question concerning the requested relief required further consideration, we requested that the respondent and the State (the real party in interest) file a response to the petition. See Tex. R. App. P. 52.4. In response, the State has filed a copy of a motion to dismiss the underlying criminal cause of action against Sossamon and the trial court's order granting the motion. In the motion, the State argued that because Sossamon is currently serving a life sentence for murder, the trial court should dismiss the underlying criminal cause of action. The trial court agreed and on December 7, 2004, dismissed the underlying criminal cause of action. Because the underlying criminal cause of action has been dismissed, we deny Sossamon's petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 01-1703-CR, styled The State of Texas v. Harvey Leroy Sossamon, III, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.