Fourth Court of Appeals
San Antonio, Texas
December 5, 2017
No. 04-17-00722-CR
IN RE Benjamin ELIAS
Original Mandamus Proceeding 1
ORDER
Sitting: Sandee Bryan Marion, Chief Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Relator filed his petition for writ of mandamus on November 2, 2017, complaining that
Respondent has “fail[ed] to conduct a hearing regarding Relator’s [application for] writ of
habeas corpus.” On November 29, 2017, Respondent filed with this court a copy of a Notice of
Hearing setting Relator’s application for writ of habeas corpus to be heard on December 22,
2017, at 9:00 am. The trial court is granting Relator the relief he seeks through this proceeding.
Thus, this original mandamus proceeding is DISMISSED AS MOOT.
It is so ORDERED on December 5, 2017.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of December, 2017.
___________________________________
KEITH E. HOTTLE,
Clerk of Court
1
This proceeding arises out of Cause No. 427052, styled State of Texas v. Benjamin Elias, pending in the County
Court at Law No. 12, Bexar County, Texas, the Honorable Scott Roberts presiding.