In Re: Ricky Lamar Young--Appeal from of County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-07-00073-CV
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IN RE:

RICKY LAMAR YOUNG

 

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss

 

MEMORANDUM OPINION

 

Ricky Lamar Young, who is currently incarcerated in federal prison, has filed a pro se petition for writ of mandamus which appears to name the Honorable Terry D. Bailey, presiding judge of the Panola County Court at Law, as respondent. Young claims he had filed, on or about April 9, 2005, a motion complying with the Interstate Agreement on Detainers Act requesting that the charges pending against him in the Panola County Court at Law be set for trial within 180 days. See Tex. Code Crim. Proc. Ann. art. 51.14 (Vernon 2006). According to Young, he also filed, on or about October 16, 2005, a motion to dismiss the pending charges under the Interstate Agreement on Detainers Act. See Tex. Code Crim. Proc. Ann. art 51.14, Art. III. Young's petition for writ of mandamus asks this Court to direct the trial court to rule on his pending motions.

In our disposition of Young's petition, it is not necessary for us to review whether Young's motion complied with the Interstate Agreement on Detainers Act or whether the trial court clearly abused its discretion in failing to perform a ministerial act. In its response to Young's petition, the real party in interest--the Panola County District Attorney--has submitted an order dismissing the

 

underlying charges against Young. In light of the trial court's dismissal, we dismiss Young's petition for writ of mandamus as moot.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: June 26, 2007

Date Decided: June 27, 2007