## No. 01-16-00073-CR
No. 01-16-00074-CR
In The 

## First Court of Appeals In re The City of Meadows Place, Texas § and Gary Stewart, Chief of Police § § Relators . §

Unopposed Motion to Dismiss Original Proceeding as Moot 

### To The Honorable First Court of Appeals: Relators The City of Meadows Place, Te xas and Gary Stewart, Chief of Police move to dismiss these original proceedin gs for writ of mandamus and writ of prohibition because the order un der review has become moot. 1. These original proceedings arise from an order issued by Respondent Hon. Ruben Guerrero, Presiding Judge of the 17 4th Criminal Distri ct Court in Harris County, Texas. R. 15. The subject order directed the City of Meadows Place, Texas, and Gary Stewart, Chie f of Police, to register an individual as a sex offender within the jurisdiction of Th e City of Meadows Place, Texas, but at a place that is in violation of the City’s ordinance regulating registra tion of sex offenders. The contested order was entered on January 14, 2016. ACCEPTED N/A FIRST COURT OF APPEALS

HOUSTON, TEXAS 2/19/2016 6:30:29 AM CHRISTOPHER PRINE

CLERK

### -2- 4846-0833-6686, v. 1 

### 2. On February 15, 2016 , Respondent issued a new order that vacates the January 14 Order to Register. See Supp. R. 30 and Order attached as Appendix
Item 1. The Order vacates the conditions granting Real Party in Interest Shane West permission to reside in The City of Meadows Place, Texas. The Order also vacates any prior findings Respondent may have made as to th e City’s ordinance regarding registered sex offenders. See id

. 3. In light of Respondent’s February 15 Order, these original proceedings for writ of mandamus and prohibition have become moot. Murphy v. Hunt, 455 U.S. 478, 481 (1982) (explaining a case become s moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome). The nature of the subsequent order, under which the Real Party in Interest will not reside within the jurisdiction of The City of Meadows Plac e, Texas, disposes of any controversy between the parties to the original proceedings. Accordingly, the original proceedings are moot and th e Court no longer has jurisdiction. See In re
Burks , No. 01-02-01053-CV, 2002 WL 316846 86, at *1 (Tex. App.—Houston [1st Dist.] Nov. 27, 2002, orig. proceeding). 4. Therefore, Relators The City of Me adows Place, Texas and Gary Stewart, Chief of Police move to dismiss these orig inal proceedings. They request that the order of dismissal and judgment of this Co urt reflect that Relators bear his or its

### -3- 4846-0833-6686, v. 1 

### own taxable costs of court reflected in this Court’s Bill of Costs. Relators request
other relief consistent with the dismissal. Respectfully submitted,
Mills Shirley L.L.P. By: /s/ George W. Vie III George W. Vie III State Bar No. 20579310 2228 Mechanic Street, Suite 400 Galveston, Texas 77550 (713) 571-4232 Fax (713) 893-6095 gvie@millsshirley.com Attorneys for Relators

### -4- 4846-0833-6686, v. 1 

### Certificate of Conference As required by Tex. R. App. P. 10 .1(a)(5), I certify that I conferred on February 17, 2016, with the counsel for Real Parties in In terest about the merits of this motion: Quentin Tate Williams Hilder & Associates, P.C. 819 Lovett Blvd. Houston, Texas 77006 Attorneys representing Real Pa rty in Interest Shane West Alan Curry Harris County District Clerk - Criminal 1201 Franklin, Ste 3180 Houston, TX 77002 Attorneys representing Real Part y in Interest State of Texas

□ opposes motion X do not oppose motion □ agrees with motion □ would not say whethe r motion is opposed □ was not contacted after hours /s/ George W. Vie III George W. Vie III

### -5- 4846-0833-6686, v. 1 

### C ERTIFICATE OF 

### S ERVICE 

### As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties – which are listed below – on July 6, 2015, as follows: Quentin Tate Williams Hilder & Associates, P.C. 819 Lovett Blvd. Houston, Texas 77006 Attorneys representing Real Pa rty in Interest Shane West Alan Curry Harris County District Clerk - Criminal 1201 Franklin, Ste 3180 Houston, TX 77002 Attorneys representing Real Part y in Interest State of Texas
By: □ personal delivery X e-service □ commercial delivery service □ fax /s/ George W. Vie III George W. Vie III

# Appendix Tab 1'- 0

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### u 02/08/2016 06:50:54 PM 713-755-1451 Page 5 / 5

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### ~ STATROF TEXAS


# vs
. SHANE WES'f 

### NO 1374217**~** § 

### § § §


### ORDER Filed 16 February 08 P6:51 Chris Daniel

- District Clerk Harris County FAX16309565



### TN THF, DTSTRTCT COlTRT
l 74rn JUDICIAL DISTRICT
HARRIS COUNTY, TEXAS

On this <latt: l:amt: to be heard Ddt:ndant Shane West's '·Motion to Set Aside and Vacate Previous Orders and Findings and to Amend Conditions of Community Supervision" and after considering same, the motion is hereby



### UENIEr>

And. if granted, the court ORDERS that this Court's January 14, 2016, "Order to Rcgiscer Defendant as Sex Offender in City of Meadows Place, Texas·· is hereby VACATED and SET ASIDE, including any findings therein. And that any findings, oral

or \vritten. made on January 22, 2016, about any ordinanl:e of the City of Meadows Place

are similarly VACATED and SET ASIDE.

Any specific conditions of community supervision granting Shane West permission
to reside at 2306 Meadow Berry Drive, Meadows Place or Stafford, Texas, 77477, entered
at anv time are also VACA TED and SET ASIDE. A 11 other terms and Conditions of Community Supervision shall remain in effect until farther Order of this Court.

IT IS 

### ORDERED fC:D 

## f 

## 5

. DATE: iw 

## .2011 2016

.

# ~)**~---- ~**  PRFSTDTNG JCIT1GE. 174TH CRIMINAL DISTRICT COURT
4STATE OF TEXAS COUNTY OF HARRlS 

### !t Chr1a Dan iel, Olatrfcl**Clor ~** **~** Harri& Co unty , Texa•.i certify that tnll 11 I lruO end 00 11".**'Jl~~** :.r l', G o tlvlnel r &CQ(d nled arid Otrecotded In my**olll~.** oleei101 1i. ·;
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# 5 M**CHRIS DANI** **1** DISTRICT CLERK 

# HZ?**~~;;::XAs** Deputy