NUMBER 13-16-00320-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE RENE RIVAS JR.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam1
Relator Rene Rivas Jr. filed a petition for writ of mandamus in the above cause on
June 15, 2016 contending that the trial court has not acted on his motions for the
appointment of counsel and post-conviction DNA testing under Chapter 64 of the Texas
Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 64.01 (West, Westlaw
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
through 2015 R.S.). Relator was convicted in trial court case number 09-CR-856-D in the
103rd District Court. See generally In re Rivas, No. 13-14-00648-CR, 2014 WL 6085670,
at *1 (Tex. App.—Corpus Christi Nov. 13, 2014, orig. proceeding) (mem. op. per curiam,
not designated for publication) (denying mandamus relief regarding the trial court’s
alleged failure to act on relator’s post-conviction motions for DNA testing); Rivas v. State,
No. 13-11-00139-CR, 2012 WL 114198, at *1 (Tex. App.—Corpus Christi Jan. 12, 2012,
pet. ref'd, untimely filed) (mem. op., not designated for publication) (affirming relator’s
convictions for assault and sexual assault under Anders v. California, 386 U.S. 738, 744
(1967)); Ex Parte Rivas, No. AP-76,502, 2011 WL 1158566, at *1 (Tex. Crim. App. Feb.
16, 2011) (per curiam, not designated for publication) (granting permission for an out-of-
time appeal); Rivas v. State, No. 13-10-00119-CR, 2010 WL 2471754, at *1 (Tex. App.—
Corpus Christi June 17, 2010, no pet.) (dismissing appeal as untimely).
The Court requested and received a response to the petition for writ of mandamus
from the real party in interest, the State of Texas, acting by and through the Cameron
County District Attorney. See TEX. R. APP. P. 52.2, 52.4, 52.8. The State contends that
this original proceeding has been rendered moot because on June 30, 2016, the trial court
entered an order denying relator’s pro se motion for forensic DNA testing and the
appointment of counsel.
The Court, having examined and fully considered the petition for writ of mandamus
and the response thereto, is of the opinion that this original proceeding has been rendered
moot. See Jack v. State, 149 S.W.3d 119 n.10 (Tex. Crim. App. 2004) (“A case becomes
moot on appeal when the judgment of the appellate court can no longer have an effect
on an existing controversy or cannot affect the rights of the parties.”); Chacon v. State,
2
745 S.W.2d 377 (Tex. Crim. App. 1988) (noting that "generally a cause, issue or
proposition is or becomes moot when it does not, or ceases to, rest on any existing fact
or right"). Therefore, this original proceeding is dismissed as moot.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
11th day of July, 2016.
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