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In re Roy L. Smithwick, Jr.Appellant/s

Fourth Court of Appeals San Antonio, Texas January 9, 2014 No. 04-13-00907-CR IN RE Roy L. SMITHWICK Jr. Original Mandamus Proceeding1 ORDER Sitting: Karen Angelini, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice On December 27, 2013, relator filed a petition for writ of mandamus complaining of the trial court’s failure to rule on a pending motion. This court is of the opinion that a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and real party in interest may file a response to the petition in this court no later than January 23, 2014. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

It is so ORDERED on January 9th, 2014. PER CURIAM

ATTESTED TO: _____________________________ Keith E. Hottle Clerk of Court

1This proceeding arises out of Cause No. 1992CRA00041-D1, styled The State of Texas v. Roy L. Smithwick Jr., pending in the 49th Judicial District Court, Webb County, Texas, the Honorable Jose A. Lopez presiding.