in Re State of Texas Ex Rel. Mark Skurka, District Attorney for the 105th Judicial District ( 2016 )

NUMBER 13-16-00165-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE OF TEXAS EX REL. MARK SKURKA
DISTRICT ATTORNEY FOR THE 105TH JUDICIAL DISTRICT
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Longoria
Memorandum Opinion Per Curiam1
The State of Texas, ex rel. Mark Skurka, the District Attorney for the 105th Judicial
District Court of Nueces County, Texas, filed a petition for writ of mandamus contending
that the trial court abused its discretion by rendering a discovery order that requires the
State to “obtain information and items that it does not already possess” and to provide
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. When granting relief, the court must hand down an opinion as in any other case.”); Id.
R. 47.4 (distinguishing opinions and memorandum opinions).
this data to the real party in interest, Luis Gonzalez. 2 The State has now filed a motion
to dismiss this original proceeding as moot because Gonzalez has entered into a plea
bargain agreement with the State, which was approved by the trial court, and the
underlying charges against Gonzalez have been dropped.
The Court, having examined and fully considered the motion to dismiss, is of the
opinion that this original proceeding has been rendered moot. See Jack v. State, 149
S.W.3d 119 n.10 (Tex. Crim. App. 2004) (“A case becomes moot on appeal when the
judgment of the appellate court can no longer have an effect on an existing controversy
or cannot affect the rights of the parties.”); Chacon v. State, 745 S.W.2d 377 (Tex. Crim.
App. 1988) (noting that “generally a cause, issue or proposition is or becomes moot when
it does not, or ceases to, rest on any existing fact or right”). Accordingly, we LIFT the
stay previously imposed in this cause, GRANT the motion to dismiss, and DISMISS this
original proceeding as moot.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
15th day of July, 2016.
2 This original proceeding arises from State v. Gonzalez, cause number 15-CR-1586-E in the 148th
District Court of Nueces County, Texas, the Honorable Guy Williams presiding. See TEX. R. APP. P. 52.2.
2