IN THE
TENTH COURT OF APPEALS
No. 10-03-284-CR
IN RE ROBERT WHITFIELD
Original Proceeding
O P I N I O N
Robert Whitfield petitions this Court to issue a writ of mandamus directing Respondent, the Honorable Sam Bournias, to vacate his order denying Whitfield appointment of counsel. Judge Bournias chose not to seek reelection and is no longer the elected Judge of the 87th Judicial District Court of Freestone County. The Honorable Deborah Evans is currently the duly-elected judge.
We abated this case to give Whitfield the opportunity to present his request to Judge Evans. See In re Whitfield, No. 10-03-284-CR 2003, Tex. App. Lexis 8885 (Tex. App.—Waco October 15, 2003, order). We have been informed that Judge Evans has appointed counsel for Whitfield.
The abatement order accomplished what Whitfield wanted in his petition for writ of mandamus. Therefore, his petition is dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Writ dismissed
Opinion delivered and filed January 21, 2004
Do not publish
[OT06]