in Re Isidro Ramos, III

• Court: Court of Appeals of Texas
• Decided: September 28, 2020
• Docket: 04-20-00466-CR
• Status: Published

Opinion

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Fourth Court of Appeals San Antonio, Texas September 28, 2020

No. 04-20-00466-CR

IN RE Isidro RAMOS, III

Original Mandamus Proceeding1

Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Luz Elena Chapa, Justice

On September 17, 2020, relator filed a pro se petition for writ of mandamus and a motion for leave to file the petition.

We deny as moot relator’s motion for leave because leave is not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, no pet.).

In his petition for writ of mandamus, relator complains of the trial court’s refusal to rule on his motion for DNA testing, which he contends he filed on December 3, 2019 and re-filed on June 5, 2020. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real party in interest may file a response to the petition in this court no later than October 13, 2020. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

It is so ORDERED September 28, 2020. PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT

1 This proceeding arises out of Cause No. 2015-CR-9685, styled The State of Texas v. Isidro Ramos, III, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Lorina L. Rummel presiding.