Opinion
No. 04-09-00528-CR
Delivered and Filed: October 7, 2009. DO NOT PUBLISH
Original Mandamus Proceeding PETITION FOR WRIT OF MANDAMUS DENIED.
This proceeding arises out of Cause No. 91-CR-43, styled State of Texas v. Ovidio Garcia, Jr., in the 229thJudicial District Court, Starr County, Texas, the Honorable Alex W. Gabert presiding. However, following JudgeGabert's recusal from the case, the Honorable J. Manuel Banñales, presiding judge of the Fifth Administrative JudicialRegion of Texas, was assigned to the case in an order dated June 17, 2008.
Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On August 24, 2009, relator Ovidio Garcia filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his motion for DNA testing. However, on September 29, 2009, the trial court denied relator's motion for DNA testing. Accordingly, the petition is DENIED AS MOOT. TEX. R. APP. P. 52.8(a).