in Re: Marvin Wayne Graves

DENY; and Opinion Filed March 13, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00306-CV
IN R: MARVIN WAYNE GRAVES, Relator
On Appeal from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 059700
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lewis
Opinion by Justice Francis
Relator files a petition for writ of mandamus in which he contends that the trial court has
violated a ministerial duty by not ruling on his April 26, 2013 Chapter 64 motion for DNA
testing, his April 26, 2013 motion for appointment of counsel to assist him with his proceeding
under Chapter 64, and his November 13, 2013 “Motion for Transmittal of Article 64 to Said
Court.” This Court requested and received a clerk’s record from the trial court. The clerk’s
record demonstrates that on February 18, 2014, the trial court denied relator’s April 26, 2013
motion for DNA testing under Chapter 64 of the Texas Code of Criminal Procedure. The trial
court’s denial of the motion for DNA testing under Chapter 64 of the Texas Code of Criminal
Procedure rendered moot relator’s April 26, 2013 motion for appointment of counsel under
Chapter 64 and his November 13, 2013 “Motion for Transmittal.” Because the trial court has
ruled on relator’s motion for DNA testing and because the trial court’s ruling on relator’s motion
for DNA testing has rendered his other motions moot, the issue presented in relator’s petition for
writ of mandamus is also moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex.
1995). Accordingly, the Court DENIES the petition for writ of mandamus.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
140306F.P05
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