In Re Thomas Wayne Florence v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 27, 2023
• Docket: 01-23-00457-CR
• Status: Published

Opinion

Opinion issued June 27, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00457-CR ——————————— IN RE THOMAS WAYNE FLORENCE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Thomas Wayne Florence, incarcerated and proceeding pro se, has

filed a petition for a writ of mandamus challenging a May 31, 2023 trial court order

denying relator’s motion for post-conviction DNA testing, asserting that the trial

court lacked “authority or power to rule on [his] motion, which order is void.”1

1 The underlying case is The State of Texas v. Thomas Wayne Florence, Cause No. 10-CR-1217, in the 56th District Court of Galveston County, Texas, the Honorable Lonnie Cox presiding. Our review of relator’s mandamus petition reflects that he has failed to

establish that he is entitled to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7,

52.8; see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly,

we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We

dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.

Do not publish.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