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In re Duncan

Relator's petition for writ of mandamus is dismissed as moot.

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Original Proceeding on Petition for Writ of Mandamus

OPINION

The relator, John Mark Duncan, filed in this Court a petition for writ of mandamus, complaining that respondent *fn1 issued an alias capias arrest warrant without valid reason. Relator was convicted by a jury of aggravated sexual assault. In accordance with the jury’s punishment recommendation, respondent sentenced relator to five years confinement, and placed him on community supervision for 10 years. Confinement was not ordered as a condition of community supervision. Relator filed a timely notice of appeal and motion for new trial. Respondent set bond pending appeal at $10,000. Three days later, respondent issued an alias capias for relator’s arrest because relator was ineligible for an appeal bond. See Tex. Code Crim. Proc. Ann. art. 42.12 � 3g(a)(1)(E) (Vernon Supp. 2002), art. 44.04(b) (Vernon Pamph. 2002). The petition for writ of mandamus followed.

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