in Re Stephen Benites
Opinion
MEMORANDUM OPINION
No. 04-11-00526-CR
IN RE Stephen BENITES
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice
Delivered and Filed: August 10, 2011
PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT
On July 25, 2011, relator filed a petition for writ of mandamus, complaining of the trial
court’s failure to rule on his motion for DNA testing. However, on July 29, 2011, the trial court
signed an order denying relator’s motion. Accordingly, the petition for writ of mandamus is
DENIED AS MOOT. See TEX. R. APP. P. 52.8(a).
Additionally, relator filed an Application for Leave to File Petition for Writ of
Mandamus. No leave is required to file a petition for writ of mandamus in this court. TEX. R.
APP. P. 52. Therefore, relator’s motion for leave to file is DENIED as moot.
DO NOT PUBLISH
1 This proceeding arises out of Cause No. 2935-A, in the 216th Judicial District Court, Gillespie County, Texas, the Honorable N. Keith Williams presiding.
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