COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00070-CV

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ORIGINAL PROCEEDING

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MEMORANDUM OPINION^[1]

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Relator’s petition for a writ of mandamus concerned only his request for a judgment nunc pro tunc related to his felony driving while intoxicated conviction.  See Tex. Penal Code Ann. § 49.04(a) (Vernon 2003), § 49.09(b)(2) (Vernon Supp. 2010).  Specifically, relator requested that the trial court’s judgment be corrected to show that he was convicted of a third-degree felony with punishment enhancements rather than a first-degree felony.  After we requested a response to the petition, the trial court entered a judgment nunc pro tunc that classifies appellant’s conviction as a third-degree felony.  Accordingly, relator’s petition for writ of mandamus is denied as moot.

PER CURIAM

PANEL:  LIVINGSTON, C.J.; MCCOY and GABRIEL, JJ.

DELIVERED:  March 8, 2011