NUMBER 13-10-00645-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE:  SANDRA ANN BARRIENTES

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides

Memorandum Opinion Per Curiam

            Relator, Sandra Ann Barrientes, filed a petition for writ of mandamus in the above cause on January 20, 2011, seeking to compel the trial court to issue a nunc pro tunc judgment granting her the additional time credit for time spent in the Substance Abuse Felony Punishment Facility.  The Court requested and received a response to the petition for writ of mandamus from the real party in interest, the State of Texas, acting by and through the District Attorney in and for Nueces County, Texas.  Relator has now filed an unopposed motion to dismiss this original proceeding because the trial court has granted the requested relief and the petition for writ of mandamus has been rendered moot. 

The Court, having examined and fully considered the motion to dismiss, is of the opinion that relator has shown herself entitled to the relief sought.  Accordingly, relator’s motion to dismiss is GRANTED and the petition for writ of mandamus is DISMISSED as moot.  See Tex. R. App. P. 52.8(a).

                                                                                                                        PER CURIAM

Do not publish.

See Tex. R. App. P. 47.2(b).

Delivered and filed this

15th day of February, 2011.