in Re Michael Alanis Torres ( 2014 )

NUMBER 13-14-00131-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE MICHAEL ALANIS TORRES
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam1
On February 27, 2014, relator, Michael Alanis Torres, filed a petition for writ of
mandamus seeking to compel the trial court to enter a nunc pro tunc judgment modifying
relator’s judgment of conviction to reflect additional time credit for the period in which
relator has been incarcerated. The Court requested the real party in interest, the State
of Texas, acting by and through the District Attorney for Hidalgo County, Texas, to file a
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).
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response to the petition for writ of mandamus. See TEX. R. APP. P. 52.8(b). Relator has
now filed a motion to dismiss this original proceeding on grounds that, in an order signed
on March 5, 2014, the trial court awarded relator with all of the time credit sought.
The Court, having examined and fully considered the petition for writ of mandamus
and 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 GRANT relator’s motion to dismiss and we DISMISS this
petition for writ of mandamus as moot.
PER CURIAM
Do not publish. TEX. R. APP. P. 47.2(b).
Delivered and filed the
10th day of March, 2014.
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