Opinion
NUMBER 13-17-00077-CR
02-07-2017
IN RE JESUS RIVERA VELIZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Longoria
Memorandum Opinion by Justice Longoria
Justice Dori Contreras, formerly Dori Contreras Garza. See TEX. FAM. CODE ANN. § 45.101 et seq. (West, Westlaw through 2015 R.S.).
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); Id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator Jesus Rivera Veliz filed a petition for writ of mandamus and motion for temporary relief in the above cause on February 3, 2017. Relator contended that "the trial court lacked jurisdiction to enter an ex parte order modifying [a] probation judgment to add a restitution amount unsupported by any evidence when the judgment was on appeal and four months had elapsed since the appellate record had been filed." Relator has subsequently filed a motion to dismiss this petition for writ of mandamus as moot because the respondent has vacated the August 11, 2016 order which was the subject of this original proceeding.
The Court, having examined and fully considered the motion to dismiss, is of the opinion that this original proceeding has been rendered moot. See Jack v. State, 149 S.W.3d 119 n.10 (Tex. Crim. App. 2004) ("A case becomes moot on appeal when the judgment of the appellate court can no longer have an effect on an existing controversy or cannot affect the rights of the parties."); Chacon v. State, 745 S.W.2d 377 (Tex. Crim. App. 1988) (noting that "generally a cause, issue or proposition is or becomes moot when it does not, or ceases to, rest on any existing fact or right"). Accordingly, we GRANT the motion to dismiss and we DISMISS this original proceeding and motion for temporary relief as moot.
NORA L. LONGORIA
Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 7th day of February, 2017.