Opinion
No. 74,654
Delivered: June 18, 2003. Do Not Publish
On Application for a Writ of Mandamus from Montgomery County.
This is an original application for writ of mandamus. The relator filed a motion for forensic DNA testing under Code of Criminal Procedure Article 64.01 in the 284th District Court of Montgomery County on May 29, 2001. He requested appointment of counsel for the proceedings under Article 64.01(c). On August 13, 2001, the trial court entered an order denying the appointment of counsel and the motion for DNA testing. The relator filed an original application for writ of mandamus in this Court in November 2002. He claimed that the trial court violated a ministerial duty by failing to appoint counsel under Article 64.01. We ordered the respondent to respond to the allegations of the relator on January 15, 2003. We filed and set the case for review on April 30, 2003. On May 5, 2003, the trial court appointed counsel, under Article 64.01(c). Because the relator received the relief he sought, the case is dismissed as moot.