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In re Barksdale

Court of Appeals of Texas, Fourth District, San Antonio
Apr 23, 2003
No. 04-03-00134-CV (Tex. App. Apr. 23, 2003)

Opinion

No. 04-03-00134-CV.

Delivered and filed: April 23, 2003.

Original Mandamus Proceeding.

Arising from trial court cause no. 2000-CR-2247, State of Texas v. Tracy Troy Barksdale, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini, judge presiding.

PETITION FOR WRIT OF MANDAMUS DENIED.

Sitting: Catherine STONE, Justice, Paul W. GREEN, Justice, Sarah B. DUNCAN, Justice.


MEMORANDUM OPINION


On January 12, 2003, relator Tracy Troy Barksdale filed a petition for writ of mandamus, alleging the trial court abused its discretion by failing to rule on his motion for DNA testing. Although Barksdale verified his petition, he did not attach a copy of the motion he says he filed in the trial court. Therefore, we ordered the trial court to file a partial clerk's record containing any motions or other correspondence related to a request for DNA testing.

The clerk's record has been received. The record does not contain nor does the docket sheet reflect any motion for DNA testing. Accordingly, this court has determined that Barksdale is not entitled to the relief sought. See In re Dimas, 88 S.W.3d 349, 351 (Tex.App.-San Antonio 2002, orig. proceeding). Tracy Troy Barksdale's petition for writ of mandamus is denied. See Tex.R.App.P. 52.8(a).


Summaries of

In re Barksdale

Court of Appeals of Texas, Fourth District, San Antonio
Apr 23, 2003
No. 04-03-00134-CV (Tex. App. Apr. 23, 2003)
Case details for

In re Barksdale

Case Details

Full title:IN RE Tracy Troy BARKSDALE

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Apr 23, 2003

Citations

No. 04-03-00134-CV (Tex. App. Apr. 23, 2003)