Bookmark
PDF
Share
CaseIQ

In re Benites

Court of Appeals of Texas

Aug 10, 2011

Judgment

CaseIQ

PER CURIAM

MEMORANDUM OPINION
Original Mandamus Proceeding

This proceeding arises out of Cause No. 2935-A, in the 216th Judicial District Court, Gillespie County, Texas, the Honorable N. Keith Williams presiding.

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT

On July 25, 2011, relator filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his motion for DNA testing. However, on July 29, 2011, the trial court signed an order denying relator's motion. Accordingly, the petition for writ of mandamus is DENIED AS MOOT. See TEX. R. APP. P. 52.8(a).

Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator's motion for leave to file is DENIED as moot.

PER CURIAM

DO NOT PUBLISH