in Re Thomas Darrell Cross

• Court: Court of Appeals of Texas
• Decided: December 10, 2014
• Docket: 09-14-00455-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00455-CR ____________________

IN RE THOMAS DARRELL CROSS

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

In this original proceeding, Thomas Darrell Cross complains that the trial

court has failed to rule on a motion for DNA testing. We requested a response from

the State. After reviewing the petition for writ of mandamus, the State’s response,

and the appendices to the petition and the response, we conclude that the relator

has not demonstrated that the trial court failed to consider and rule upon a properly

filed motion that has awaited disposition for an unreasonable amount of time. See

Ex parte Bates, 65 S.W.3d 133 (Tex. App.—Amarillo 2001, orig. proceeding). The

petition for writ of mandamus is denied without prejudice.

1 PETITION DENIED.

PER CURIAM

Submitted on November 10, 2014 Opinion Delivered December 10, 2014 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.