in Re Lionel Newman ( 2008 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 11, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 11, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00742-CV

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IN RE LIONEL NEWMAN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 4, 2008, relator, Lionel Newman, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relators asks this court to compel the Clerk of the 230th District Court of Harris County to forward his notice of appeal from the trial court=s denial of his motion for DNA testing to the appropriate court of appeals. 

On June 23, 2008, relator=s notice of appeal was filed in the trial court, and his appeal is pending in this court in case number 14-08-00773-CR.  Therefore, relator=s requested relief is moot. Accordingly, relator=s petition for writ of mandamus is ordered dismissed. 

PER CURIAM

Petition Dismissed and Memorandum Opinion filed September 11, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.