In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-00461-CV
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IN RE JESUS ISIDORO GARCIA
Jesus Isidoro Garcia filed a petition for writ of mandamus to compel the trial court to award pre-sentence jail time credit in a judgment nunc pro tunc. We requested a response from the real party in interest. On January 6, 2009, the trial court signed a judgment nunc pro tunc.
The order complained of in Garcia's mandamus petition has been withdrawn and a judgment nunc pro tunc has been signed. This original proceeding is moot because the order relator attacks has been replaced.
Accordingly, this original proceeding is dismissed without regard to the merits of the issues raised in the petition for writ of mandamus.
PETITION DISMISSED.
PER CURIAM
Opinion Delivered March 5, 2009
Before Gaultney, Kreger and Horton, JJ.