
 





NUMBER 13-07-015-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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IN RE:  FERNANDO GARCIA

   ________________________________________________________________

On Petition for Writ of Mandamus

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MEMORANDUM OPINION


Before Justices Rodriguez, Garza, and Benavides

Per Curiam Memorandum Opinion (1)


	Relator, Fernando Garcia, filed a petition for writ of mandamus in the above
cause on January 10, 2007, in which he alleges that respondent, the Presiding Judge
of the 93rd Judicial District Court of Hidalgo County, Texas, abused his discretion by
failing to enforce an order issued on July 7, 2006, by the Texas Court of Criminal
Appeals, ordering respondent to allow relator an out-of time appeal.  Reviewing this
Court's record sua sponte, relator's notice of appeal was filed on September 1, 2006,
and appellant's brief is due to be filed on January 27, 2007, by appointed counsel,
Oscar Rene Flores.  The Court, therefore, is of the opinion that relator's petition is now
moot.  Accordingly, relator's petition for writ of mandamus is denied as moot.  See
Tex. R. App. P. 52.8(a).

									PER CURIAM

Do not publish.
Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and 
filed this 12th day of January, 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).
