Opinion
No. 04-08-00784-CR
Delivered and Filed: November 19, 2008. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Denied as Moot.
This proceeding arises out of Cause No. 1985-CR-1279A, styled State of Texas v. Dempsey Leon Sutton, in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
On October 23, 2008, relator Dempsey L. Sutton filed a petition for writ of mandamus, seeking to compel the trial court to rule relator's second motion for post-conviction DNA testing. On October 30, 2008, the trial court signed an order denying relator's second motion for post-conviction DNA testing. In light of the trial court's action, the complaint presented in relator's petition is now moot. Accordingly, the petition for writ of mandamus is denied as moot.