Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00783-CR
IN RE Adam GONZALES
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 8, 2017
PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT
Relator filed this petition for writ of mandamus on December 2, 2016, alleging the trial
court had failed to rule on his motions for post-conviction DNA testing and for appointment of
counsel in connection with his request for DNA testing. See TEX. CODE CRIM. PROC. ANN. art.
64.01 (West Supp. 2016). On January 24, 2017, Respondent, the Honorable N. Keith Williams,
ruled on relator’s motion and signed an order finding that, based on the State’s response, the
evidence no longer exists and denying the motion for testing. See id. art. 64.01(c) (right to
appointment of counsel is dependent on trial court’s finding that “reasonable grounds” exist for
DNA testing motion). A copy of the order was filed in this court on January 24, 2017. Therefore,
1
This proceeding arises out of Cause No. A02-136, styled State v. Adam Gonzales, in the 216th Judicial District Court,
Kerr County, Texas, the Honorable N. Keith Williams presiding.
04-16-00783-CR
the issue raised by the Relator in this mandamus proceeding has become moot. Accordingly, this
original mandamus proceeding is dismissed as moot.
PER CURIAM
DO NOT PUBLISH
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