IN RE: FERNANDO GARCIA--Appeal from 93rd District Court of Hidalgo County
Annotate this CaseCOURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN RE: FERNANDO GARCIA________________________________________________________________
On Petition for Writ of Mandamus
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MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Benavides
Per Curiam Memorandum Opinion (1)
Relator, Fernando Garcia, filed a petition for writ of mandamus in the above cause on January 10, 2007, in which he alleges that respondent, the Presiding Judge of the 93rd Judicial District Court of Hidalgo County, Texas, abused his discretion by failing to enforce an order issued on July 7, 2006, by the Texas Court of Criminal Appeals, ordering respondent to allow relator an out-of time appeal. Reviewing this Court's record sua sponte, relator's notice of appeal was filed on September 1, 2006, and appellant's brief is due to be filed on January 27, 2007, by appointed counsel, Oscar Rene Flores. The Court, therefore, is of the opinion that relator's petition is now moot. Accordingly, relator's petition for writ of mandamus is denied as moot. 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Do not publish.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 12th day of January, 2007.
1. See Tex. R. App. P. 52.8(d) ("When 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).
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