In Re Christhian Michael Espinosa Valdez v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00211-CR
IN RE Christhian Michael ESPINOSA VALDEZ
Original Proceeding 1
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Beth Watkins, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 17, 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
to stay 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 failed to rule on his application for writ
of habeas corpus and his motion to urge. Relator’s motion seeks to continue his required in-person
attendance at a March 9, 2023 pretrial hearing until the trial court rules on his application for writ
of habeas corpus.
After relator filed this original proceeding, the trial court denied relator’s application for
writ of habeas corpus. When the trial court ruled on his application for writ of habeas corpus,
1
This proceeding arises out of Cause No. 14074CR, styled State of Texas v. Christhian Michael Espinosa Valdez,
pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth and the Honorable
Susan D. Reed presiding.
04-23-00211-CR
relator received the relief he sought through his mandamus petition, rendering his petition 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 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 also moot. See id. We, therefore, dismiss relator’s petition for writ of
mandamus and lift the stay we imposed on March 8, 2023.
PER CURIAM
DO NOT PUBLISH
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