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MEMORANDUM OPINION
No. 04-09-00528-CR
IN RE Ovidio GARCIA, JR.
Original Mandamus Proceeding1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 7, 2009
PETITION FOR WRIT OF MANDAMUS DENIED
On August 24, 2009, relator Ovidio Garcia filed a petition for writ of mandamus,
complaining of the trial court’s failure to rule on his motion for DNA testing. However, on
September 29, 2009, the trial court denied relator’s motion for DNA testing. Accordingly, the
petition is DENIED AS MOOT. TEX . R. APP . P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
1
… This proceeding arises out of Cause No. 91-CR-43, styled State of Texas v. Ovidio Garcia, Jr., in the 229th
Judicial District Court, Starr County, Texas, the Honorable Alex W . Gabert presiding. However, following Judge
Gabert’s recusal from the case, the Honorable J. Manuel BanÞa les, presiding judge of the Fifth Administrative Judicial
Region of Texas, was assigned to the case in an order dated June 17, 2008.