In Re: Rudolfo Villafuerte--Appeal from 7th District Court of Smith County

NO. 12-05-00264-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: RODOLFO VILLAFUERTE, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

Relator Rodolfo Villafuerte seeks a writ of mandamus requiring the Honorable Kerry S. Russell, Judge of the 7th Judicial District Court, Smith County, Texas to provide access to the record in appellate cause number 12-04-00342-CR, styled Rudolfo [sic] Villafuerte v. The State of Texas, as required by this Court s order dated August 3, 2005.

On September 1, 2005, we were notified by the respondent trial court that Relator was furnished a copy of his appellate record on August 29, 2005. Therefore, Relator s request for relief is now moot. Accordingly, we deny Relator s petition for writ of mandamus.

JAMES T. WORTHEN

Chief Justice

Opinion delivered September 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J. and DeVasto, J.

(PUBLISH)