in Re Mario Lavon Gamble
This text of in Re Mario Lavon Gamble (in Re Mario Lavon Gamble) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-09-00388-CV
In re Mario Lavon Gamble
ORIGINAL PROCEEDING FROM BELL COUNTY
M E M O R A N D U M O P I N I O N
Relator Mario Lavon Gamble filed a petition for writ of mandamus, complaining that the trial court had not set his motion for DNA testing for a hearing. See Tex. R. App. P. 52.8. Since his filing, the trial court has provided this Court with an order showing that Gamble's motion was heard and denied. Gamble has received the relief he sought through his original proceeding, and any appeal of the denial of his motion for DNA testing must be conducted through a direct appeal. See Tex. Code Crim. P. 64.05 (West 2006). We deny the petition for writ of mandamus.
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David Puryear, Justice
Before Justices Puryear, Pemberton and Waldrop
Filed: August 27, 2009
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