in Re Flanzo LaFonte Townes

• Court: Court of Appeals of Texas
• Decided: May 12, 2015
• Docket: 04-14-00798-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas May 12, 2015

No. 04-14-00798-CR

IN RE Flanzo LaFonte TOWNES

Original Mandamus Proceeding1

ORDER

Sitting: Catherine Stone, Retired Chief Justice (not participating) Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice

Relator filed a pro se petition for writ of mandamus on November 17, 2014, complaining of the trial court’s failure to rule on his post-conviction motion for DNA testing. On November 26, 2014, this court denied the petition because relator had appointed counsel and is not entitled to hybrid representation. See Patrick v. State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995). On April 17, 2015, relator filed a letter, which we construe as a motion for rehearing, asking this court to rule on his pro se petition for mandamus.

Having received from the trial court a copy of an order dated August 21, 2014, granting relator’s motion for post-conviction forensic DNA testing, this court has determined that relator has obtained the relief requested in his mandamus petition. See Safety–Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.—San Antonio 1997, orig. proceeding) (appropriate relief is to direct trial court to consider and rule upon a motion within a reasonable time). No further action on relator’s mandamus petition is necessary or appropriate. Accordingly, the panel has considered relator’s motion for rehearing and it is DENIED.

It is so ORDERED on May 12, 2015.

PER CURIAM

ATTESTED TO: _____________________________ Keith E. Hottle, Clerk

1 This proceeding arises out of Cause No. 2009CR0764, styled The State of Texas v. Flanzo LaFonte Townes, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.