in Re: Calvin McNac

Opinion

DENY; and Opinion Filed May 7, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00603-CV

IN RE CALVIN MCNAC, Relator

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F03-71678-T

MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Fillmore The Court has before it relator’s petition for writ of mandamus in which he asks this

Court to order the trial court to rule on his motion for post-conviction 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 shown he is entitled to the relief requested. See

Simon v. Levario, 306 S.W.3d 318, 320–21 (Tex. Crim. App. 2009) (orig. proceeding); State of

Tex. ex. rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927–28 (Tex. Crim. App.

2001) (orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

130603F.P05