In re James Legate Appeal from 290th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00375-CR IN RE James LEGATE Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: October 13, 2021 PETITION FOR WRIT OF MANDAMUS DENIED On September 7, 2021, James Legate filed a petition for writ of mandamus, complaining that the trial court had failed to rule on his “Petition for the Disclosure of the Grand Jury Testimony of Jesse Hernandez Pursuant to Article 20.02(d) of the Texas Code of Criminal Procedure.” On September 17, 2021, we requested the respondent and real party in interest file a response. On September 22, 2021, the trial court filed a response, stating that it had ruled on Legate’s petition for disclosure. The trial court further attached its order dismissing Legate’s petition for disclosure on the basis that the trial court lacks jurisdiction. Thus, Legate’s complaint that the trial court has failed to rule on his petition for disclosure is moot. This proceeding arises out of Cause No. 1998-CR-6480, styled The State of Texas v. James Legate, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Jennifer Pena presiding. 1 04-21-00375-CR After considering the petition and the record, this court concludes relator did not show he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-
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