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MEMORANDUM OPINION

No. 04-09-00499-CR IN RE Hector L. TRISTAN Original Mandamus Proceeding1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: August 31, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On August 13, 2009, relator Hector L. Tristan filed a petition for writ of mandamus, seeking to compel the trial court to rule on his “Motion for Nunc Pro Tunc.” However, on August 18, 2009, the trial court denied relator’s motion. Therefore, we DENY relator’s petition for writ of mandamus as MOOT.

PER CURIAM DO NOT PUBLISH

… This proceeding arises out of Cause No. K-95-00506, in the 49th Judicial District Court, W ebb County, Texas, the Honorable Jose A. Lopez presiding.