Opinion issued July 17, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00695-CV
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IN RE LARRY LERMA, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Larry Lerma, filed a pro se petition for writ of mandamus, requesting that this Court compel respondent, Honorable Thomas R. Culver, III, (1) to rule on relator's motion for new trial filed in cause number 29,693A.
We deny the petition.
The issue is moot. According to relator's petition, the motion for new trial was filed on December 16, 2002. It was therefore overruled by operation of law on Monday, March 3, 2003, because the seventh-fifth day after sentencing was Saturday, March 1, 2003. See Tex. R. App. P. 4.1(a), 21.8.
The petition for writ of mandamus is therefore denied as moot.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Hedges, Nuchia, and Keyes.
1.