Opinion
WR-93,080-02
08-23-2023
IN RE DAVID BRYAN WINTERS, Relator
Do not publish
ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. 11032-A IN THE 259TH DISTRICT COURT FROM JONES COUNTY
ORDER
PER CURIAM.
Relator has filed a motion for leave to file an application for a writ of mandamus under this Court's original jurisdiction. He contends that he filed a pro se motion for Chapter 64 DNA testing in the 259th Judicial District Court of Jones County and the trial court has failed to rule on his motion. Tex. Code Crim. Proc. art. 64.01(a-1). A trial court has a ministerial duty to rule "upon a motion that is properly and timely presented to it for a ruling." State ex rel. Young v. Sixth Judicial Dist., 236 S.W.3d 207, 210 (Tex. Crim. App. 2007). Relator has alleged facts which, if true, could entitle him to mandamus relief.
In these circumstances, additional facts are needed. Respondent, the Judge of the 259th District Court, is ordered to file a response with this Court addressing whether Relator has properly filed a Chapter 64 motion in that court. If Relator has filed such a motion, the respondent shall address whether the motion has been ruled upon and, if the motion has not been ruled upon, the respondent shall discuss the rationale for not taking action on the motion.
This motion for leave to file a writ of mandamus will be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.