in Re Juan Rivera Roman

• Court: Court of Appeals of Texas
• Decided: February 25, 2014
• Docket: 01-14-00086-CR
• Status: Published

Opinion

Opinion issued February 25, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00085-CR NO. 01-14-00086-CR ——————————— IN RE JUAN RIVERA ROMAN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

On January 29, 2014, the relator, Juan Rivera Roman, filed two petitions for

writ of mandamus,1 seeking to compel the trial court to rule on relator’s motion

related to DNA testing.2

1 Relator also filed motions for leave to file his petitions for writ of mandamus. Relator’s motions for leave are dismissed. The Texas Rules of Appellate Procedure no longer require the relator to file a motion for leave to file an original proceeding. See TEX. R. APP. P. 52 & cmt. We deny the petition for writ of mandamus.3

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.

Do not publish. TEX. R. APP. P. 47.2(b).

2 The underlying cases are State v. Juan Rivera Roman, No. 320105, in the 209th District Court of Harris County, Texas, the Honorable Michael T. McSpadden presiding and State v. Juan Rivera Roman, No. 1107807, in the 176th District Court of Harris County, Texas, the Honorable Lisa Burkhalter presiding. 3 Relator’s petition for writ of mandamus is procedurally defective. See TEX. R. APP. P. 9.5, 52.2, 52.3, 52.7. 2