Opinion issued February 23, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-00961-CR

IN RE ELLIS MCMILLON, JR., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus, relator, Ellis McMillon, JR., challenges the trial court’s failure to rule on his motion for judgment nunc pro tunc. The trial court has granted McMillon’s motion.

We dismiss the petition for writ of mandamus as moot.

Per Curiam 

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish. See Tex. R. App. P. 47.2(b).