in Re Denarius Guillory ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-08-238 CV ____________________

IN RE DENARIUS GUILLORY

---

Original Proceeding

---

MEMORANDUM OPINION

On May 19, 2008, relator Denarius Guillory filed a petition for writ of mandamus, in which he sought to compel the trial court to rule on his motion for judgment nunc pro tunc. We requested a response from the State. On June 11, 2008, the State filed a response. On June 18, 2008, the State filed a supplemental response. Attached to the State's supplemental response was a June 16, 2008, order in which the trial court denied Guillory's motion for judgment nunc pro tunc. Therefore, this original proceeding is moot.

Accordingly, we deny the petition for writ of mandamus without prejudice and without regard to the merits of the issues raised in the petition.

PETITION DENIED.

PER CURIAM

Submitted on June 11, 2008

Opinion Delivered June 26, 2008

Before McKeithen, C.J., Gaultney and Horton, JJ.