in Re Jason Miears, Relator

i i i i i i MEMORANDUM OPINION No. 04-09-00651-CR IN RE Jason MIEARS Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: November 4, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On October 13, 2009, relator Jason Miears filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his motion to proceed pro se in the competency hearing. Relator alleges he filed his motion on October 8, 2009. However, on October 20, 2009, relator waived the issue of incompetency at a hearing before the trial court. Therefore, we DENY AS MOOT relator’s petition for writ of mandamus. TEX . R. APP . P. 52.8(a). PER CURIAM DO NOT PUBLISH … This proceeding arises out of Cause No. 2009-CR-6566, styled State v. Jason Miears, 1 pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.