Opinion
No. 10-04-00276-CR
Opinion delivered and filed October 20, 2004.
Original Proceeding. Writ dismissed in part and conditionally granted in part.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
In this action, Owens requests this Court to mandamus both the district clerk and the trial court. First, we have no jurisdiction to mandamus a district clerk. In re Simpson, 997 S.W.2d 939 (Tex.App.-Waco 1999) (orig. proceeding). Thus, as to the district clerk, the petition for writ of mandamus is dismissed. Second, it appears the trial court has not signed a written order regarding Owens's motion for DNA testing. The trial court is required to enter a written order in resolving a motion seeking DNA testing of evidence. In re Johnston, 79 S.W.3d 195, 198 (Tex.App.-Texarkana 2002) (orig. proceeding); see also Cravin v. State, 95 S.W.3d 506, 508 (Tex.App.-Houston [1st Dist.] 2002, pet. ref'd). As to the trial court, the petition for writ of mandamus is conditionally granted. The writ will only issue if the trial court fails to take appropriate action consistent with this opinion.