Opinion
No. 05-09-00916-CV
Opinion issued August 26, 2009.
Original Proceeding from the 203rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F85-9784-JP.
Before Justices BRIDGES, RICHTER and LANG.
MEMORANDUM OPINION
Relator contends the trial judge failed to perform a ministerial function by not ruling on a post-conviction motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. In light of the response and action taken by the trial court, we conclude that we cannot provide relator with the relief he seeks and that the issues presented in this petition are moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995). Accordingly, we DISMISS relator's petition for a writ of mandamus.