## NO. 12

- 21

- 00003

- CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:
LARRY DELTON WARREN , RELATOR § § § ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Larry Delton Warren, acting pro se , filed this original proceed ing to complain of Respondent ’ s failure to forward his notice of appeal in trial court cause nu mber 31182 to this Cour t. 1 This Co urt possesses jurisdiction to issue a writ of mandamus against a district clerk for fai lure to forward to this Court a notice of appeal delivered to the clerk for filing because such is necessary to enforce our jurisdiction. In re Talkington , No. 12

- 07

- 00272

- CR, 2007 WL 2178551, at *1 (Tex. App.

— Tyler July 31, 2007, orig. proceeding) (mem. op., not designated for publication); see Ex parte Sanders , No. WR

- 80,356

- 01, 2013 WL 5872901, at *1 (Tex. Crim. App. Oct. 30, 2013) (order, not designated for publicati on ) (per curiam); see also In re Foster , No. 14

- 16

- 00698

- CR, 2016 WL 5853282, at *1 (Tex. App

. — Houston [14th Dist.] Oct. 6, 2016, orig. proceedin g) (mem. op., not designated for publication) (per curiam); In re Smith , 263 S.W.3 d 93, 95 (Tex. App.

— Houston [1st Dist.] 2006, orig. proceeding)

. I n the present case, however, Respondent forwarded the notice of app eal to this Court and the appeal has been assigned appellate cause number 12

- 21

- 00006

- C V

. B ecause the notice of appeal h a s now been filed with this Court, Relator has received the relief requested and this complaint is now
moot. See In re Bonilla , 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (orig. proceeding) (there is nothi ng to mandamu s when relief sought has become moot); see also In re Gilmer , No. 12

- 20

-

1 Respondent is the Honorable Teresia Coker , Anderson County Dist rict Clerk. The S tate of Texas is the Real Party in Interest.2 00120

- CR, 2020 WL 2177227 , at *1 (Tex. App.

— Tyler May 6, 2020, ori g
. proceeding) (mem. op.); In re Andrews , No. 12

- 19

- 00015

- CR, 2019 WL 210815, at *1 (Tex. App.

— Tyler Jan. 16, 2019, orig. proc e eding) (mem. op., not designated for publication) (per curiam). Accordingly,

we dismiss the petition for writ of mandamus as moot

. Opi nion delivered January 13, 2021. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)3 

## COURT OF APP EALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT

JANUARY 13 , 2021
NO
. 12

- 21

- 00003

- CR

LARRY DELTON WARREN , Relator V.
TERESIA COKER , Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by Lar ry Delton Wa rren ; who is the relator in appellate cause number 12

- 21

- 00003

- CR and the defendant in trial court cause number 3118 2 , formerly pending on the docket of the 349th Judicial District Court of Anderso n C ounty , Texas. Said petition for writ of mandamus having been filed herein

on January 5, 2021 , and the same having been duly c onsidered, b ecause it is the opinion of this Court that the writ should not issue , it is therefore CONSIDERED, ADJUDGED and ORD ERE D that the said petition for writ of mandamus be, and the same is, hereby dismissed as moot

. By per curiam opinio n. Panel con s isted of Worthen, C.J., Hoyle, J. and Neeley, J.