in Re Johnathan Eugene Cooper ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00430-CV
IN RE JOHNATHAN EUGENE RELATOR
COOPER
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ORIGINAL PROCEEDING
TRIAL COURT NO. CR09-0662
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MEMORANDUM OPINION1
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Relator Johnathan Eugene Cooper filed a petition for writ of mandamus,
contending that the trial court had abused its discretion by refusing to rule on his
postconviction motion for DNA testing. See Tex. Code Crim. Proc. Ann. art.
64.01(a-1) (West Supp. 2016). After we requested a response to the petition, the
trial court granted relator’s motion and ordered the Texas Department of Public
Safety to conduct DNA analysis on certain items. Thus, because relator has
obtained all of the relief that he sought in his mandamus petition, we dismiss the
1
See Tex. R. App. P. 47.4.
petition as moot. See In re Brown, No. 02-13-00003-CV, 2013 WL 491931, at *1
(Tex. App.—Fort Worth Feb. 11, 2013, orig. proceeding) (mem. op.); In re
Jackson, No. 01-12-00020-CV, 2012 WL 405707, at *1 (Tex. App.—Houston [1st
Dist.] Feb. 9, 2012, orig. proceeding) (mem. op.) (“Because relator has received
the relief requested in his mandamus petition, we dismiss the petition for writ of
mandamus as moot.”).
PER CURIAM
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
DELIVERED: December 19, 2016
2