In Re Thomas Wayne Florence v. the State of Texas ( 2023 )

Opinion issued June 27, 2023
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00457-CR
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IN RE THOMAS WAYNE FLORENCE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Thomas Wayne Florence, incarcerated and proceeding pro se, has
filed a petition for a writ of mandamus challenging a May 31, 2023 trial court order
denying relator’s motion for post-conviction DNA testing, asserting that the trial
court lacked “authority or power to rule on [his] motion, which order is void.”1
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The underlying case is The State of Texas v. Thomas Wayne Florence, Cause No.
10-CR-1217, in the 56th District Court of Galveston County, Texas, the Honorable
Lonnie Cox presiding.
Our review of relator’s mandamus petition reflects that he has failed to
establish that he is entitled to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7,
52.8; see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly,
we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Farris.
Do not publish. TEX. R. APP. P. 47.2(b).
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