Opinion issued January 29, 2004
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-01186-CR
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IN RE JOHN WAYNE BATES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, John Wayne Bates, filed a petition for writ of mandamus requesting that we order respondents to assign his appeal from the trial court’s denial of his motion for forensic DNA testing of evidence in cause number 90CR0288 to either the First or Fourteenth Court of Appeals. On December 31, 2003, we requested a response.
Respondent Evelyn Wells Robison filed a response on January 22, 2004, stating that the mandamus action had been rendered moot by the mailing of the clerk’s record in cause number 90CR0288 to the First Court of Appeals on January 8, 2004. The clerk’s record in cause number 90CR0288 was received in this Court on January 9, 2004. It includes, among other things, relator’s motion for forensic DNA testing of evidence, the trial court’s written order signed on April 22, 2002 denying the motion, and relator’s notice of appeal filed on April 17, 2002. The Clerk of this Court has assigned cause number 01-04-00033-CR to the direct appeal from the denial of the motion for forensic DNA testing of evidence in cause number 90CR0288.
We therefore agree with respondent Robison that this mandamus action has been rendered moot. The petition for writ of mandamus is dismissed as moot.
It is so ORDERED.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Jennings and Higley.
Do not publish. Tex. R. App. P. 47.2(b).