in Re: Larry B. Johnson v. State

Opinion

Denied as Moot and Opinion Filed October 14, 2016

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01074-CV No. 05-16-01075-CV No. 05-16-01076-CV No. 05-16-01077-CV

IN RE: LARRY B. JOHNSON, Relator

Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F-08-11151-H, F-08-11221-H, F-09-00661-H, and F-09-00662-H

MEMORANDUM OPINION Before Justices Bridges, Myers, and Whitehill Opinion by Justice Whitehill Before the Court is relator’s September 9, 2016 petition for writ of mandamus in which

relator contends the trial court failed to act on his motion for DNA testing. On September 30,

2016, the trial court issued its notification of pro se motion for post-conviction DNA testing and

appointment of counsel in accordance with article 64.02 of the Texas Code of Criminal

Procedure. Therefore, the issues presented in this petition are moot. See In re Williams, 05-12-

00485-CV, 2012 WL 1595080, at *1 (Tex. App.—Dallas May 7, 2012, no pet.). Accordingly, we

DENY relator’s petition for writ of mandamus as moot.

/Bill Whitehill/ BILL WHITEHILL JUSTICE 161074F.P05