Opinion
No. 05-11-01726-CV
01-12-2012
IN RE GARY WAYNE WARNER, Relator
Writ of Mandamus Denied, Opinion issued January 12, 2012
Original Proceeding from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F99-00096-MI
MEMORANDUM OPINION
Before Justices Bridges, FitzGerald, and Murphy
Opinion by Justice FitzGerald
Relator contends the trial court violated a ministerial duty by denying his motions for DNA testing and for appointment of counsel. 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); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); In re Shank, No. 09-10-00414-CV, 2010 WL 5021303, at *1 (Tex. App.-Beaumont Dec. 9, 2010). Accordingly, we DENY relator's petition for writ of mandamus.
KERRY P. FITZGERALD
JUSTICE
111726F.P05