NUMBER 13-08-00478-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE BILLY J. BASHAM

On Petition for Writ of Mandamus

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion1Per Curiam Relator, Billy J. Basham, filed a petition for writ of mandamus in the above cause on August 11, 2008. This petition for writ of mandamus was originally filed in this Court as a criminal, rather than civil, cause. Based on recent analysis from the Texas Court of Criminal Appeals, however, we will transfer this matter to our civil cause number 13-08- 00629-CV, and will consider it therein. See In re Johnson, No. AP-75,898, slip. op. ¶ 22 (Tex. Crim. App. Oct. 29, 2008) (orig. proceeding), available at See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=17 534. Therefore, this criminal cause is hereby DISMISSED.

PER CURIAM Do not publish.

See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this 13th day of November, 2008.