Carter, Brandon Jay

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-83,286-01 & WR-83,286-02

IN RE BRANDON JAY CARTER, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS AND PROHIBITION

IN CAUSE NO. 12-DCR-061186 IN THE 240 TH DISTRICT COURT

FROM FORT BEND COUNTY

Per curiam.

ORDER

Relator filed a motion for leave to file an application for a writ of mandamus and a motion for leave to file an application for writ of prohibition, pursuant to the original jurisdiction of this Court. The applications request that we order the district court to vacate its order substituting appointed counsel dated March 12, 2015. Relator first filed a petition for writ of mandamus in the First Court of Appeals. In re Brandon Jay Carter, No. 01-15-00216-CR (Tex. App.—Houston [1st Dist.] May 7, 2015) (not designated for publication). The Court of Appeals denied relief without comment. Id.

This Court stayed the proceedings in the underlying cause, held the motions in abeyance, and ordered Respondent to file a response. Respondent, the Judge of the 240th District Court of Fort Bend County, has now filed a response stating that he will withdraw his order substituting appointed counsel and reinstate Mr. D. Christopher Hesse as Relator’s trial counsel. This action will cause Relator’s claims to be moot.

The order to stay proceedings contained in this Court’s prior order dated June 1, 2015 is hereby lifted. The motions for leave to file an application for writ of mandamus and prohibition are denied.

Filed: August 26, 2015

Do Not Publish