IN RE: CIRILDO GARCIA, JR.--Appeal from 138th District Court of Cameron County

In Re Cirildo Garcia, Jr.

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam (1)

Relator, Cirildo Garcia, Jr., filed a petition for writ of mandamus by which he requested this court to direct respondent, the Honorable Robert Garza, (2) Judge of the 138th Judicial District Court of Cameron County, Texas, to issue a judgment nunc pro tunc granting relator 72 additional days of time credited toward his sentence. This court requested a response by the real party in interest, the Honorable Armando Villalobos, the district attorney of Cameron County, Texas. The real party in interest's response consisted of a motion to strike the relator's petition for writ of mandamus. The real party in interest has also provided the court with an order granting credit for jail time nunc pro tunc. See generally, Tex. R. App. P. 23.2(b). Accordingly, the petition for writ of mandamus is dismissed as moot. All pending motions are also dismissed as moot.

Per Curiam

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

on the 30th day of March, 2007.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2. The Honorable Robert Garza is no longer the presiding judge of the 138th Judicial District Court of Cameron County, Texas. The Honorable Arturo Cisneros Nelson is currently the presiding judge of the 138th Judicial District Court.