in Re: Carl Wayne Chambers ( 2004 )

Opinion issued March 4, 2004

  In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01121-CV

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IN RE CARL WAYNE CHAMBERS, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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  MEMORANDUM OPINION ON REHEARING

               Relator, Carl Wayne Chambers, filed a petition for writ of mandamus on October 27, 2003. He requested that this Court compel respondent to order his court-appointed counsel to prepare and present a motion for DNA testing in cause number 9408112. We denied the petition because it did not certify that a copy was served on respondent. In re Chambers, No. 01-03-01121-CV, slip op. at 2 (Tex. App.—Houston [1st Dist.] Nov. 13, 2003, orig. proceeding). Relator filed a timely motion for rehearing. We requested a response to the motion in accordance with the Rules of Appellate Procedure. See Tex. R. App. P. 49.2.

               On February 4, 2004, the trial court denied relator’s motion for forensic DNA testing of evidence and filed findings of fact and conclusions of law. Relator has received the relief he requested in his petition for writ of mandamus.

               Therefore, relator’s motion for rehearing is granted, and the petition for writ of mandamus is denied as moot.

               It is so ORDERED.  

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.