NO. 12-21-00003-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE:

LARRY DELTON WARREN, 

RELATOR

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ORIGINAL PROCEEDING

MEMORANDUM OPINION

PER CURIAM

Larry Delton Warren, acting pro se, filed this original proceeding to complain of 

Respondent’s failure to forward his notice of appeal in trial court cause number 31182 to this 

Court.1 

This Court possesses jurisdiction to issue a writ of mandamus against a district clerk for 

failure 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 publication) (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. proceeding) (mem. op., not designated for publication) (per curiam); In re Smith, 263 

S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding). In the present case, 

however, Respondent forwarded the notice of appeal to this Court and the appeal has been 

assigned appellate cause number 12-21-00006-CV. Because the notice of appeal has 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 nothing to mandamus when relief sought has become moot); see also In re Gilmer, No. 12-20-

1 Respondent is the Honorable Teresia Coker, Anderson County District Clerk. The State of Texas is the 

Real Party in Interest.
2

00120-CR, 2020 WL 2177227, at *1 (Tex. App.—Tyler May 6, 2020, orig. proceeding) (mem. 

op.); In re Andrews, No. 12-19-00015-CR, 2019 WL 210815, at *1 (Tex. App.—Tyler Jan. 16, 

2019, orig. proceeding) (mem. op., not designated for publication) (per curiam). Accordingly, 

we dismiss the petition for writ of mandamus as moot.

Opinion delivered January 13, 2021.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)
3

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 13, 2021

NO. 12-21-00003-CR

LARRY DELTON WARREN,

Relator

V.

TERESIA COKER,

Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by Larry 

Delton Warren; who is the relator in appellate cause number 12-21-00003-CR and the defendant 

in trial court cause number 31182, formerly pending on the docket of the 349th Judicial District 

Court of Anderson County, Texas. Said petition for writ of mandamus having been filed herein 

on January 5, 2021, and the same having been duly considered, because it is the opinion of this 

Court that the writ should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED 

that the said petition for writ of mandamus be, and the same is, hereby dismissed as moot.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.