Opinion
No. 09-05-360 CV
Opinion Delivered August 31, 2005.
Original Proceeding.
Writ Denied.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
Kevin J. Denley, who is an inmate confined in the Correctional Institutions Division of the Texas Department of Criminal Justice, seeks mandamus relief against the judge presiding in the 252nd District Court of Jefferson County, Texas. Relator seeks to compel the trial court to rule on Denley's motion for forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon Supp. 2005).
The trial court refused to rule on the motion because the request for forensic DNA testing was disposed of in prior orders of the trial court. Relator claims his previous motions were not for forensic DNA testing. In previous appeals, however, Denley represented to the Court that the trial court denied his "Motion For Forensic DNA Testing." The appeals were dismissed because notice of appeal was not timely filed. See Denley v. State, Nos. 09-04-359 CR and 09-04-360 CR (Tex.App.-Beaumont Oct. 20, 2004, no pet.). The relator has not demonstrated that any act or omission of the respondent prevents him from seeking other post-conviction relief to which he would be entitled. The relator has not shown that he is entitled to any of the relief sought.
The petition for writ of mandamus, filed August 11, 2005, is denied.