In re Susan Smith--Appeal from 351st District Court of Harris County

Opinion issued May 16, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00056-CR

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IN RE SUSAN SMITH, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Susan Smith, filed her petition for writ of mandamus, requesting that this Court prohibit the 351st District Court of Harris County, Texas from enforcing two grand jury subpoenas. Since the petition was filed, the term of the 351st District Court grand jury, which issued the subpoenas has expired.

Relator has now filed a motion asking this court to dismiss her petition for writ of mandamus, which states because the Grand Jury no longer exists, its subpoenas are no longer enforceable and the petition for mandamus has become moot. This Court has not issued an opinion in this case. Accordingly, all temporary relief granted to relator by this Court is vacated, and relator s motion to dismiss is granted.

PER CURIAM

Panel consists of Justices Jennings, Hanks and Higley.

Do not publish.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