DENY; and Opinion Filed January 3, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01038-CV IN RE JOSE RICARDO TOME, Relator Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F10-722-97 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang, and Justice Brown Opinion by Justice Brown Before the Court is relator’s August 29, 2016 petition for writ of mandamus in which relator asks the Court to order the trial court to “answer his notice of appeal” and his request for free clerk’s record and reporter’s record. We have received relator’s notice of appeal from the trial court and docketed that appeal as cause number 05-16-01442-CR, Jose Ricardo Tome v. State of Texas. Accordingly, we deny as moot relator’s petition for writ of mandamus.

/Ada Brown/ ADA BROWN JUSTICE 161038F.P05