Opinion
No. 05-13-00049-CV
03-15-2013
IN RE MICHAEL LYNN SIMS, Relator
Petition for Writ of Mandamus is DENIED; Opinion Filed March 15, 2013.
On Appeal from the 86th District Court
Kaufman County, Texas
Trial Court Cause No. 17022
MEMORANDUM OPINION
Before Justices Moseley, Francis, and Fillmore
Opinion by Justice Moseley
Relator contends the trial court violated a ministerial duty by not ruling or otherwise acting on his July 27, 2012 motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude the motion in question is repetitive of a motion filed by relator and ruled on by the trial court in 2009. Relator is not entitled to a writ of mandamus requiring the trial court to repeatedly rule on the same motion. See TEX. R. APP. P. 52.8(a); In re Birdwell, __ S.W.3d ___, No. 10-12-00283-CR, 2012 WL 6062673, at *7 (Tex. App-Waco Dec. 6, 2012, orig. proceeding); In re Durden, No. 14-12-00143-CR, 2012 WL 590815, at *2 (Tex. App.—Houston [14th Dist.] Feb. 23, 2012, orig. proceeding) (mem. op., not designated for publication). Accordingly, we DENY relator's petition for writ of mandamus.
____________________________
JUSTICE