in Re Luther Gabriel ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00290-CR
IN RE LUTHER GABRIEL
Original Proceeding
MEMORANDUM OPINION
Luther Gabriel seeks a writ of mandamus compelling Respondent, the Honorable
Deborah Oakes Evans, Judge of the 87th District Court of Freestone County, to rule on
his motion for post-conviction DNA testing. The State has filed a response
demonstrating that Respondent has ruled on Gabriel’s motion.1 Therefore, the petition
for writ of mandamus is dismissed as moot. See In re Luna, 317 S.W.3d 484, 484 (Tex.
App.—Amarillo 2010, orig. proceeding); In re Medrano, No. 13-10-00122-CR, 2010 Tex.
App. LEXIS 1988, at *1-2 (Tex. App.—Corpus Christi Mar. 16, 2010, orig. proceeding)
(per curiam) (not designated for publication).
1
The State attached a certified copy of the docket sheet in the underlying cause to its response
which reflects that Respondent denied Gabriel’s motion for post-conviction DNA testing on October 4,
2010 because “1) No evidence exists to be subjected to DNA [testing], and 2) There was never any
biological evidence collected that still exists or ever existed that could be tested for DNA.”
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition dismissed as moot
Opinion delivered and filed October 20, 2010
Do not publish
[OT06]
In re Gabriel Page 2