In Re Billy Alejandro De Santiago Pichardo v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00209-CR
IN RE Billy Alejandro DE SANTIAGO PICHARDO
Original Proceeding 1
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Liza A. Rodriguez, 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 waive. Relator’s motion seeks to waive his required in-person
attendance at a March 9, 2023 pretrial hearing.
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,
relator received the relief he sought through his mandamus petition, rendering his petition moot.
1
This proceeding arises out of Cause No. 10867CR, styled State of Texas v. Billy Alejandro De Santiago Pichardo,
pending in the County Court, Kinney County, Texas, the Honorable Todd Alexander Blomerth and the Honorable
Susan D. Reed presiding.
04-23-00209-CR
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DO NOT PUBLISH
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