IN RE: DAVE TODD, III--Appeal from of County

CAUSE NUMBER 13-05-00656-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE: DAVE TODD, III

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Rodriguez

Per Curiam Memorandum Opinion[1]

Relator, Dave Todd, III, filed a petition for writ of mandamus in the above cause on October 24, 2005. The Court requested that the real party in interest, the State of Texas by and through the District Attorney in and for Nueces County, Texas, file a response to the petition for writ of mandamus on or before November 14, 2005. The response was filed on November 10, 2005.

The Court, having examined and fully considered the petition for writ of mandamus and response, is of the opinion that this original proceeding should be DENIED as moot. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Do not publish. Tex. R. App. P. 47.2(b)

Memorandum Opinion delivered and filed

this 22nd day of November, 2005.

[1] See Tex. R. App. P. 52.8(d) (AWhen denying relief, the court may hand down an opinion but is not required to do so.@); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).