in Re Rodolfo McGraw-Ramirez ( 2004 )

MEMORANDUM OPINION   

No. 04-04-00522-CV

IN RE Rodolfo MCGRAW-RAMIREZ, Jr.

Original Mandamus Proceeding ⁽¹⁾

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: November 3, 2004

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On December 11, 2002, relator filed a "Motion Requesting Court to Issue Writ of Habeas Corpus Ad Prosequendum For Disposition of Pending Indictment, or In The Alternative, Dismissal Of The Indictment" with the trial court clerk. On July 21, 2004, relator filed his "Petition for Writ of Mandamus", asking this court to direct the trial court to rule on his motion. We subsequently requested a response from the respondent. On October 14, 2004, respondent filed a Supplemental Response to Relator's Petition, in which respondent stated that, on September 10, 2004, relator and the State of Texas entered into a plea agreement that was accepted by the court. Accordingly, relator's Petition for Writ of Mandamus is DISMISSED AS MOOT.

No costs shall be assessed against relator because he is indigent.

PER CURIAM

1. This proceeding arises out of Cause 00-CR-113, styled The State of Texas v. Rodolfo McGraw-Ramirez, pending in the 381st Judicial District Court, Starr County, Texas, the Honorable John A. Pope, III presiding.