IN THE TENTH COURT OF APPEALS

No. 10-15-00342-CR IN RE EDWARD S. HODGES, III

Original Proceeding

ORDER

Petitioner asks for relief in a motion filed on December 16, 2015 for the State’s failure to timely file its response or motion for extension of time to file its response.

Petitioner’s motion is stricken because it was not served on all parties as required for a motion or copied on lead counsel for all parties as required for notices to the Court. See TEX. R. APP. P. 9.5; 6.3.

Further, we note the State filed a motion for extension of time to file its response which has been granted to January 21, 2016. Therefore, petitioner’s motion is moot and we would have no authority to grant it.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion stricken Order issued and filed December 23, 2015

In re Hodges Page 2