in Re Melton Eugene Kuhn

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-18-00220-CR
____________________
IN RE MELTON EUGENE KUHN
_______________________________________________________ ______________
Original Proceeding
9th District Court of Montgomery County, Texas
Trial Cause No. 08-07-06923-CR
________________________________________________________ _____________
MEMORANDUM OPINION
Relator Melton Eugene Kuhn filed a petition for writ of mandamus, in which
he asked this Court to compel the trial judge to rule upon his post-conviction
application for forensic DNA testing. The State’s response to Kuhn’s petition
includes an appendix containing the trial court’s appealable order, dated July 12,
2018, denying Kuhn’s motion. See Tex. Code Crim. Proc. Ann. art. 64.05 (West
2018); see also In re Johnston, 79 S.W.3d 195, 197 (Tex. App.—Texarkana 2002,
orig. proceeding) (stating that time to appeal commences when the trial court signs
an order denying motion seeking DNA testing). We conclude that because the trial
1
court has now ruled upon Kuhn’s post-conviction application for DNA testing, this
original proceeding is moot. Accordingly, we dismiss the petition for writ of
mandamus as moot.
PETITION DISMISSED.
PER CURIAM
Submitted on July 16, 2018
Opinion Delivered July 25, 2018
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
2