In re Stribling

Full title: IN RE ANTHONY STRIBLING, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 7, 2010

No. 05-10-01444-CV (Tex. App. Dec. 7, 2010)

Opinion

No. 05-10-01444-CV

Opinion issued December 7, 2010.

Original Proceeding from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F85-88-500-I.

Before Justices MORRIS, LANG, and MYERS.

MEMORANDUM OPINION

Opinion by Justice MYERS.

Relator contends the trial court violated a ministerial duty by not ruling on his motion to require the prosecution to produce biological evidence. 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 relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); State of Texas ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex. Crim. App. 2001); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Accordingly, we DENY relator's petition for writ of mandamus.