In Re: Roy E. Thompson, Jr.--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00029-CV

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IN RE: ROY E. THOMPSON, JR.

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Roy E. Thompson, Jr., received a notice he was delinquent in restitution payment for his theft by check offense. // Now, Thompson wants to discharge the fine pursuant to Tex. Code Crim. Proc. Ann. art. 43.01(a)(4) (Vernon Supp. 2004). // According to Thompson, on May 8, 2003, he mailed to the Harrison County Clerk's Office his motion requesting hearing and to appear by affidavit in lieu of personal appearance, defendant's affidavit in lieu of appearance, and defendant's affidavit of inability. Thompson now complains that Judge Gilstrap, former judge presiding over the Constitutional County Court in Harrison County, continues to refuse to set Thompson's case for hearing and seeks a writ of mandamus to order Judge Gilstrap to do so.

Thompson's petition is directed at the incorrect court. Judge Gilstrap's response points out that Thompson's action was pending in the County Court at Law of Harrison County, with Judge Jim Ammerman presiding. His response includes a copy of an order from that court, wherein Judge Ammerman explains that the County Court at Law confirmed Thompson's status as an inmate, found Thompson to be indigent, and stated that no further action to collect the payment has or will be issued concerning this matter. Essentially, the relief which Thompson seeks has already been given to him by way of the court order.

Therefore, this Court cannot grant the relief Thompson requests in his petition. Not only is the petition directed at the wrong party, the issue is now moot as apparent in the order from the County Court at Law of Harrison County stating that no action will be taken to collect the unpaid balance in this case.

Accordingly, we deny Thompson's petition for writ of mandamus.

Jack Carter

Justice

Date Submitted: March 29, 2004

Date Decided: March 30, 2004