In re Andres Roberto Cano--Appeal from County Court at Law No 6 of Bexar County

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: April 2, 2008

PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT

On January 28, 2008, relator Andres Roberto Cano petitioned this court for a writ of mandamus to compel a ruling on an application for a post-conviction writ of habeas corpus pending in the trial court. (2) See Tex. Crim. Proc. Code Ann. art. 11.072 (Vernon 2005) (habeas corpus application procedure in a community supervision case). This court determined that the relator's mandamus petition required further consideration and requested a response. See Tex. R. App. P. 52.8(b)(1). In a response, the trial court advised that it was preparing findings of fact and conclusions of law and would promptly issue a ruling. Thereafter, the record was supplemented with an order denying the habeas corpus application. In light of the trial court's action, the complaint presented in the relator's mandamus petition is moot. Accordingly, the relator's petition for a writ of mandamus is denied as moot.

PER CURIAM

DO NOT PUBLISH

1. This proceeding arises out of Cause No. 852082, styled State of Texas v. Andres Roberto Cano, filed in the County Court at Law No. 6, Bexar County, Texas, the Honorable Ray Olivarri, Jr. presiding.

2. The habeas corpus application challenges the relator's misdemeanor assault conviction ordering community supervision.