in Re David Gene Becka ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00748-CR
IN RE David Gene BECKA
Original Proceeding 1
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: January 25, 2023
PETITION FOR WRIT OF MANDAMUS AND PROHIBITION DISMISSED AS MOOT
On November 4, 2022, relator filed a petition for writ of mandamus and prohibition
complaining about a Bexar County residency requirement imposed as a bond condition in the trial
court’s order titled “Special Conditions of Release on Bond.” Relator also filed an emergency
motion for stay, which we granted in part on November 4, 2022. We requested responses from the
trial court and real party in interest.
On December 13, 2022, the trial court filed a response revealing it signed an order on
November 17, 2022, which allows relator to reside in Austin, Texas while out on bond—the relief
he seeks through his petition. Accordingly, an order from this court will have no practical effect
because there is nothing to mandamus. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App.
1
This proceeding arises out of Cause No. 2019-CR-1257, styled The State of Texas vs. David Becka, pending in the
144th Judicial District Court, Bexar County, Texas, the Honorable Andrew Wyatt Carruthers presiding.
04-22-00748-CR
2014) (orig. proceeding) (dismissing petition because relief sought had become moot). Because
relator has received the relief requested in his petition, we dismiss the petition as moot. The stay
imposed on November 4, 2022 is lifted.
PER CURIAM
DO NOT PUBLISH
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