Opinion
No. 05-11-01716-CV
01-05-2012
IN RE CALVIN RAMON BIRCHER, Relator
Writ of Mandamus Denied, Opinion Filed January 5, 2012
Original Proceeding from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F89-83842-HK
MEMORANDUM OPINION
Before Justices Bridges, FitzGerald, and Murphy
Opinion by Justice Murphy
Relator contends the trial court violated a ministerial duty by not ruling on his 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 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 Coston, 07-03-0366-CV, 2003 WL 21939465 at *1 (Tex. App.-Amarillo Aug. 13, 2003, orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.
MARY MURPHY
JUSTICE
111716F.P05