In Re: Shannon Mark Douthit v. the State of Texas ( 2024 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: § No. 08-24-00008-CR
SHANNON MARK DOUTHIT, § AN ORIGINAL PROCEEDING
Relator. § IN MANDAMUS
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OPINION
Relator Shannon Mark Douthit, a pro se inmate, filed a petition for writ of mandamus
asking this Court to compel the Honorable Roy Ferguson, District Judge of the 394th Judicial
District Court to rule on his motion for post-conviction DNA testing pursuant to Article 64 of the
Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 64.03. For the reasons below, we
deny the petition as moot.
Douthit filed his motion for DNA testing on August 29, 2023. He called the motion to the
trial court’s attention on December 6, 2023, when he filed a request for a hearing on the motion.
He filed this mandamus on January 22, 2024.
On April 17, 2024, the district clerk filed a supplemental clerk’s record that includes an
order of the trial court dated January 23, 2024. The order takes action on Douthit’s motion by
ordering the State to deliver the evidence at issue to the trial court, file a response, and appoint
counsel for Douthit. The trial court’s ruling on Douthit’s pending motion renders moot his petition
for mandamus seeking the same. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014)
(orig. proceeding) (concluding that mandamus relief is rendered moot when relator received the
relief requested by other means). Therefore, we deny the petition as moot.
JEFF ALLEY, Chief Justice
April 22, 2024
Before Alley, C.J., Palafox and Soto, JJ.