NUMBERS 13-10-00122-CR
13-10-00123-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE CROS MEDRANO, JR.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Vela
Memorandum Opinion Per Curiam1
Relator, Cros Medrano, Jr., pro se, filed a petition for writ of mandamus in the above
causes on March 15, 2010, through which he contends that the trial court has failed to
timely rule on a motion for nunc pro tunc judgment requesting a jail time credit. According
to the petition for writ of mandamus, the State Counsel for Offenders filed the motion for
nunc pro tunc judgment on or about May 13, 2009. According to documents filed with the
Court; however, the trial court granted the nunc pro tunc motion by identical orders issued
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See T EX . R . A PP . P . 52.8(d) (“W hen denying relief, th e court m ay hand dow n an opinion but
is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
on May 15, 2009 and in March of 2010.
Because respondent has ruled on relator's motion for nunc pro tunc judgment,
relator’s petition for writ of mandamus asking us to require respondent to rule is moot. See
In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (“A case becomes
moot if a controversy ceases to exist between the parties at any stage of the legal
proceedings . . .”); State Bar of Texas v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating
that, for a controversy to be justiciable, there must be a real controversy between the
parties that will be actually resolved by the judicial relief sought).
The Court, having examined and fully considered the petition for writ of mandamus,
is of the opinion that this matter has been rendered moot. Accordingly, the Court
DISMISSES the petition for writ of mandamus in these causes as moot without reference
to the merits thereof. See TEX . R. APP. P. 52.8(a).
PER CURIAM
Do not publish.
See TEX . R. APP. P. 47.2(b).
Delivered and filed the
16th day of March, 2010.
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