In Re Benjamin Elias Appeal from County Court at Law No. 12 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00722-CR IN RE Benjamin ELIAS Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Irene Rios, Justice Delivered and Filed: December 13, 2017 PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT Relator filed his petition for writ of mandamus on November 2, 2017, complaining that Respondent has “fail[ed] to conduct a hearing regarding Relator’s [application for] writ of habeas corpus.” On November 29, 2017, Respondent filed with this court a copy of a Notice of Hearing setting Relator’s application for writ of habeas corpus to be heard on December 22, 2017, at 9:00 am. The trial court is granting Relator the relief he seeks through this proceeding. Thus, this original mandamus proceeding is dismissed as moot. PER CURIAM DO NOT PUBLISH 1 This proceeding arises out of Cause No. 427052, styled State of Texas v. Benjamin Elias, pending in the County Court at Law No. 12, Bexar County, Texas, the Honorable Scott Roberts presiding.

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