in Re: Larry B. Johnson v. State ( 2016 )

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