MEMORANDUM OPINION No. 04-10-00793-CR IN RE Sergio Aaron GONZALEZ Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: January 5, 2011 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On October 29, 2010, relator filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his Motion for Judgment Nunc Pro Tunc. However, on December 20, 2010, the trial court signed an order awarding relator credit for time served. Accordingly, the petition for writ of mandamus is DENIED AS MOOT. See TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH

This proceeding arises out of Cause No. 1999-CRS-154-D4, styled State of Texas v. Sergio Aaron Gonzalez, in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale, Jr. presiding.