In re Gabriel R. Garcia Appeal from 406th Judicial District Court of Webb County (memorandum opinion)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00142-CR IN RE Gabriel R. GARCIA, Relator Original Mandamus Proceeding 1 OPINION ON STATE’S MOTION FOR REHEARING Opinion by: Patricia O. Alvarez, Justice Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Lori I. Valenzuela, Justice MOTION FOR REHEARING GRANTED, RELATOR’S MOTION TO COMPEL AND PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT Delivered and Filed: August 4, 2021 Relator filed a petition for writ of mandamus complaining of the respondent trial judge’s failure to rule on a motion. On original submission, we conditionally granted relief. The State filed a motion for rehearing, arguing that this case is moot. Relator also filed a motion to compel the trial judge to rule on his motion as per our order on original submission. Supplemental records have been filed showing: (1) the trial court has ruled on Garcia’s motion; (2) the State filed a motion for the trial court to reconsider its order, arguing the trial court lacked jurisdiction to grant Garcia’s motion because the issue was moot; and (3) the trial court agreed with the State and determined that the State’s motion itself was moot. This proceeding arises out of Cause No. 2007CRS000739D4 in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale, Jr. presiding. 1 04-21-00142-CR Considering the record before us, we conclude the dispute over the trial court’s failure to rule on relator’s original motion is now moot. See Chacon v. State, 745 S.W.2d 377, 378 (Tex. Crim. App. 1988) (“Generally a cause, issue or proposition is or becomes moot when it does not, or ceases to, rest on any existing fact or right.”). We therefore grant the State’s motion for rehearing, withdraw our original opinion and order, substitute today’s opinion and order in their stead, and dismiss this proceeding as moot. Patricia O. Alvarez, Justice Do Not Publish -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.