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In re GARCIA,04-08-00119-CR

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2008
No. 04-08-00119-CR (Tex. App. May. 7, 2008)

Opinion

No. 04-08-00119-CR

Delivered and Filed: May 7, 2008. DO NOT PUBLISH.

Original Mandamus Proceeding PETITION FOR WRIT OF MANDAMUS DENIED WITHOUT PREJUDICE.

This proceeding arises out of Cause No. 91-CR-43, styled State of Texas v. Ovidio Garcia, Jr., filed in the 229th Judicial District Court, Starr County, Texas, the Honorable Alex W. Gabert presiding.

Sitting: ALMA L. LOPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


Relator Ovidio Garcia, Jr. filed a petition for a writ of mandamus seeking to compel the Honorable Alex W. Gabert, presiding judge of the 229th Judicial District Court, Starr County, Texas, to rule on relator's motion for forensic DNA testing. In response, Judge Gabert filed copies of: (1) an order granting the State's motion for Judge Gabert's recusal; and (2) a request to the regional administrative judge asking for the assignment of a judge to hear relator's motion. We conclude that the newly-appointed judge must be given a reasonable opportunity to consider and rule on relator's motion and therefore deny relator's request for mandamus relief at this time. Accordingly, relator's petition for a writ of mandamus is denied without prejudice.


Summaries of

In re GARCIA,04-08-00119-CR

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2008
No. 04-08-00119-CR (Tex. App. May. 7, 2008)
Case details for

In re GARCIA,04-08-00119-CR

Case Details

Full title:IN RE Ovidio GARCIA, Jr

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

Date published: May 7, 2008

Citations

No. 04-08-00119-CR (Tex. App. May. 7, 2008)