Opinion
No. 05-11-01530-CV
01-06-2012
IN RE BERNARD ZELMA THOMAS, Relator
Writ of Mandamus Denied, Opinion issued January 6, 2012.
Original Proceeding from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 059227
MEMORANDUM OPINION
Before Justices Moseley, Richter, and Fillmore
Opinion by Justice Moseley
Relator contends the trial court violated a ministerial duty by not ruling on his motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not demonstrated that he brought his motion to the trial court's attention; thus, he has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); Stoner v. Massey, 586 S.W.2d 843, 846 (Tex. 1979) (orig. proceeding); In re Davidson, 153 S.W.3d 490, 491 (Tex. App.-Amarillo 2004, orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.
JIM MOSELEY
JUSTICE
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