In Re: Houghtaling, James Aurther v.

State: Texas

Court: Texas Northern District Court

Docket No: 05-11-01611-CV

Case Date: 12/15/2011

Preview:In Re: Houghtaling, James Aurther v.
Writ of Mandamus Dismissed in part, Denied in part, Opinion Filed December 15, 2011 In The Court of Appeals Fifth District of Texas at Dallas ............................ No. 05-11-01611-CV ............................ IN RE JAMES AURTHER HOUGHTALING, Relator ............................................................. Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F06-67969-T ............................................................. MEMORANDUM OPINION Before Justices Moseley, Richter, and Fillmore Opinion by Justice Richter Relator contends the trial court failed to credit him with time served in jail while waiting transfer to a substance abuse facility. The facts and issues are well known to the parties, so we need not recount them herein. Subsequent to the filing of this mandamus, the trial court granted in part the relief requested by relator. Accordingly, we DISMISS relator's petition for a writ of mandamus as moot to the extent it seeks time credit for the period from April 4, 2007 to May 18, 2007. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding). To the extent relator's petition seeks credit for additional time spent in jail, he has not shown his entitlement to that relief and we DENY that portion of relator's petition. See State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). MARTIN RICHTER 111611F.P05 JUSTICE -------------------

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