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MEMORANDUM OPINION No. 04-08-00692-CR IN RE Jesse MENDEZ Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Delivered and Filed: October 29, 2008 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On September 15, 2008, relator Jesse Mendez filed a petition for writ of mandamus, seeking to compel the trial court to rule on a motion for new trial. On October 14, 2008, the trial court signed an order denying relator’s motion for new trial. In light of the trial court’s action, the complaint presented in relator’s petition is now moot. Accordingly, the petition for writ of mandamus is denied as moot.

PER CURIAM DO NOT PUBLISH

… This proceeding arises out of Cause No. 2006-CR-3128-B, styled State of Texas v. Jesse Mendez, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.