in Re: Calvin McNac ( 2013 )

DENY; and Opinion Filed May 7, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00603-CV
IN RE CALVIN MCNAC, Relator
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F03-71678-T
MEMORANDUM OPINION
Before Justices Moseley, Francis, and Fillmore
Opinion by Justice Fillmore
The Court has before it relator’s petition for writ of mandamus in which he asks this
Court to order the trial court to rule on his motion for post-conviction DNA testing. The facts
and issues are well known to the parties, so we need not recount them herein. Based on the
record before us, we conclude relator has not shown he is entitled to the relief requested. See
Simon v. Levario, 306 S.W.3d 318, 320–21 (Tex. Crim. App. 2009) (orig. proceeding); State of
Tex. ex. rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927–28 (Tex. Crim. App.
2001) (orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
130603F.P05