in Re Benjamin Elias

Fourth Court of Appeals San Antonio, Texas December 5, 2017 No. 04-17-00722-CR IN RE Benjamin ELIAS Original Mandamus Proceeding 1 ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Patricia O. Alvarez, Justice Irene Rios, Justice

Relator filed his petition for writ of mandamus on November 2, 2017, complaining that Respondent has “fail[ed] to conduct a hearing regarding Relator’s [application for] writ of habeas corpus.” On November 29, 2017, Respondent filed with this court a copy of a Notice of Hearing setting Relator’s application for writ of habeas corpus to be heard on December 22, 2017, at 9:00 am. The trial court is granting Relator the relief he seeks through this proceeding. Thus, this original mandamus proceeding is DISMISSED AS MOOT.

It is so ORDERED on December 5, 2017.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of December, 2017.

___________________________________ KEITH E. HOTTLE, Clerk of Court