In re Tracy Troy Barksdale--Appeal from 187th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-03-00134-CV

Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and filed: April 23, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

On January 12, 2003, relator Tracy Troy Barksdale filed a petition for writ of mandamus, alleging the trial court abused its discretion by failing to rule on his motion for DNA testing. Although Barksdale verified his petition, he did not attach a copy of the motion he says he filed in the trial court. Therefore, we ordered the trial court to file a partial clerk's record containing any motions or other correspondence related to a request for DNA testing.

The clerk's record has been received. The record does not contain nor does the docket sheet reflect any motion for DNA testing. Accordingly, this court has determined that Barksdale is not entitled to the relief sought. See In re Dimas, 88 S.W.3d 349, 351 (Tex. App.-San Antonio 2002, orig. proceeding). Tracy Troy Barksdale's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PER CURIAM

1. Arising from trial court cause no. 2000-CR-2247, State of Texas v. Tracy Troy Barksdale, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini, judge presiding.