in Re: The State of Texas ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-21-00106-CR
IN RE: §
§ AN ORIGINAL PROCEEDING
THE STATE OF TEXAS,
§ IN MANDAMUS
RELATOR. §
§
MEMORANDUM OPINION
The State of Texas (“Relator”) has filed a petition for a writ of mandamus against the
Honorable Pedro Gomez, Jr., judge of the 112th District Court of Pecos County, Texas, contending
that the trial court failed to issue requested findings of fact and conclusions of law after granting a
motion to suppress in Trial Cause No. P-3968-112-CR. See State v. Cullen, 195 S.W.3d 696, 700
(Tex.Crim.App. 2006)(requiring a trial court to express its findings of fact and conclusions of law
when requested by a losing party after rendering a decision on a motion to suppress). The State
contends the findings are necessary to allow it to prosecute its interlocutory appeal from the
suppression order. That appeal is docketed in a parallel proceeding before this Court as The State
of Texas v. Satdiel Jeremy Dominguez, No. 08-21-00036-CR.
On June 29, 2021, the Pecos County District Clerk filed a supplemental clerk’s record
containing the trial court’s findings of fact and conclusions of law issued on June 23, 2021, in Trial
Cause No. P-3968-112-CR. The trial court’s issuance of findings of fact and conclusions of law
has rendered this matter moot, since there is no longer a live controversy over the status of past
due findings. See In re Caballero, 594 S.W.3d 843, 846 (Tex.App.—El Paso 2020, orig.
proceeding)(mandamus may be mooted by certain trial court actions while the petition remains
pending).
Because the trial court has issued the requested findings of fact and conclusions of law, we
dismiss this mandamus action as moot.
June 30, 2021
YVONNE T. RODRIGUEZ, Chief Justice
Before Rodriguez, C.J., Palafox, and Alley, JJ.
(Do Not Publish)
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