In re Altschul, No. 01-09-00388-CR (Tex. App. 1/15/2010)
| Decision Date | 15 January 2010 |
| Docket Number | No. 01-09-00388-CR.,No. 01-09-00389-CR.,01-09-00388-CR.,01-09-00389-CR. |
| Parties | IN RE TODD-WARREN ALTSCHUL, Relator. |
| Court | Texas Court of Appeals |
Panel consists of Justices JENNINGS, HIGLEY and SHARP.
Relator, Todd-Warren Altschul, has filed a pro se petition for writ of mandamus, complaining that the trial court1 had not ruled on his motions for judgments nunc pro tunc that he filed in cause numbers 26672 and 26673.2 Since the petition was filed, the trial court has ruled on relator's motions.3
We, therefore deny the petition for writ of mandamus as moot. See In re Jaramillo, 164 S.W.3d 417 (Tex. App.-Texarkana 2005, orig. proceeding); In re Woods, 261 S.W.3d 340, 341 (Tex. App.-Waco 2008, orig. proceeding); See In re Newby, 266 S.W.3d 557, 559 (Tex. App.-Waco 2008, orig. proceeding); In re Markowitz, 998 S.W.2d 417 (Tex. App.-Waco 1999, orig. proceeding).
We deny as moot any pending motions.
1. Relator names as respondent the Honorable Ben Hardin, Judge, 23rd Judicial District Court of Brazoria County, Texas.
2. The record before this Court reflects that on July 28, 1994, relator pleaded guilty, with an agreed recommendation as to punishment with the State, to the offenses of aggravated assault and possession of a deadly weapon in a penal institution. The trial court sentenced appellant to confinement for 20 years.
3. A supplemental clerk's record containing the trial court's rulings on relator's motions for nunc pro tunc judgments has been filed with the Clerk of this Court.
Both the real party in interest and the relator have filed responses requesting that relator's petition for writ of mandamus be denied as moot.
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