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In re Gamble

Court of Appeals of Texas, Third District, Austin
Aug 27, 2009
No. 03-09-00388-CV (Tex. App. Aug. 27, 2009)

Opinion

No. 03-09-00388-CV

Filed: August 27, 2009.

Original Proceeding from Bell County.

Before Justices PURYEAR, PEMBERTON and WALDROP.


MEMORANDUM OPINION


Relator Mario Lavon Gamble filed a petition for writ of mandamus, complaining that the trial court had not set his motion for DNA testing for a hearing. See Tex. R. App. P. 52.8. Since his filing, the trial court has provided this Court with an order showing that Gamble's motion was heard and denied. Gamble has received the relief he sought through his original proceeding, and any appeal of the denial of his motion for DNA testing must be conducted through a direct appeal. See Tex. Code Crim. P. 64.05 (West 2006). We deny the petition for writ of mandamus.


Summaries of

In re Gamble

Court of Appeals of Texas, Third District, Austin
Aug 27, 2009
No. 03-09-00388-CV (Tex. App. Aug. 27, 2009)
Case details for

In re Gamble

Case Details

Full title:In re Mario Lavon Gamble

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 27, 2009

Citations

No. 03-09-00388-CV (Tex. App. Aug. 27, 2009)