In Re Juan Antonio Verastegui Hernandez v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00206-CR
IN RE Juan Antonio VERASTEGUI HERNANDEZ
Original Proceeding 1
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 3, 2023
PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT
On March 6, 2023, relator filed a petition for writ of mandamus. Relator also filed a motion
for stay of the underlying proceeding pending final resolution of the petition for writ of mandamus,
which this court granted in part on March 8, 2023.
Relator’s mandamus petition argues the trial court has failed to rule on his application for
writ of habeas corpus and his motion to waive his required in-person attendance at a March 9, 2023
pretrial hearing. During the pendency of this original proceeding, the trial court ruled on relator’s
application for writ of habeas corpus. Because relator has received a ruling on his application for
writ of habeas corpus, this issue is now moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim.
App. 2014) (orig. proceeding) (holding mandamus petition was moot where relator received relief
1
This proceeding arises out of Cause No. 10982CR, styled State of Texas v. Juan Antonio Verastegui Hernandez,
pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth presiding.
04-23-00206-CR
sought). Additionally, because of the stay granted by this court, relator’s complaint about his
required in-person attendance at the March 9, 2023 pretrial hearing is moot. See id.Based on the record before us, relator has obtained the relief sought in his petition for writ
of mandamus. Accordingly, his petition for writ of mandamus is moot. See id. We, therefore,
dismiss relator’s petition for writ of mandamus and lift the stay.
PER CURIAM
DO NOT PUBLISH
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