TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-04-00787-CV
In re Patrick Ervin
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
M E M O R A N D U M O P I N I O N
In 1996, relator Patrick Ervin was convicted of intoxication manslaughter and manslaughter in the 167th District Court of Travis County. In 1999, Ervin filed a post-conviction writ of habeas corpus complaining that the two convictions violated the constitutional guarantee against double jeopardy. The court of criminal appeals agreed and ordered the district court to vacate the manslaughter conviction. Ex parte Ervin, 991 S.W.2d 804, 817 (Tex. Crim. App. 1999).
Ervin filed this mandamus petition complaining that the district court had not complied with the court of criminal appeals’ order. We asked the respondent court to respond. We have now received a copy of the district court’s order vacating the manslaughter conviction and a copy of the district court’s amended judgment convicting appellant of intoxication manslaughter and dismissing the manslaughter count. We are advised that copies of the court’s order and amended judgment have been sent to the institutional division of the department of criminal justice.
Because Ervin has now received the relief to which he is entitled, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
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W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices B. A. Smith and Puryear
Filed: April 1, 2005