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MEMORANDUM OPINION No. 04-09-00193-CR IN RE Guillermo RODRIGUEZ CASTANEDA Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: May 6, 2009 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On April 3, 2009, relator Guillermo Rodriguez Castaneda filed a petition for writ of mandamus, seeking to compel the trial court to enter a nunc pro tunc order modifying his judgment of conviction to reflect additional jail time credit. We requested a response from the respondent and the real party in interest. The Honorable Oscar J. Hale, Jr. filed a response, agreeing with relator that he is entitled to the additional jail credit he seeks. On April 27, 2009, the trial court signed an order granting the the additional jail credit and a “2nd Amended Judgment of Conviction by Court,” awarding relator a total of 1194 days of jail credit. Therefore, the petition for writ of mandamus is now moot.

… This proceeding arises out of Cause No. 2005-CRS-000494-D4, styled State of Texas v.Guillermo Castaneda Rodriguez, filed in the 406th Judicial District Court, W ebb County, Texas, the Honorable Oscar J. Hale presiding.

04-09-00193-CR

Accordingly, we DENY the petition for writ of mandamus as MOOT.

PER CURIAM DO NOT PUBLISH

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