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In re Sutton

Court of Appeals of Texas, Fourth District, San Antonio
Nov 19, 2008
No. 04-08-00784-CR (Tex. App. Nov. 19, 2008)

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 DO NOT PUBLISH.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.


Summaries of

In re Sutton

Court of Appeals of Texas, Fourth District, San Antonio
Nov 19, 2008
No. 04-08-00784-CR (Tex. App. Nov. 19, 2008)
Case details for

In re Sutton

Case Details

Full title:IN RE Dempsey L. SUTTON

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

Date published: Nov 19, 2008

Citations

No. 04-08-00784-CR (Tex. App. Nov. 19, 2008)