In re Anthony T. Harris--Appeal from 186th Judicial District Court of Bexar County

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 21, 2003

PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT

On May 2, 2003, relator filed a petition for writ of mandamus seeking to compel the trial court to rule on his motion for appointment of an attorney for purposes of Post Conviction DNA Testing. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon Supp. 2003). Real party in interest has filed documents with the court showing that counsel has been appointed for relator. (2) Therefore, we hold that relator's petition for writ of mandamus is moot. For this reason, we DISMISS the petition.

Catherine Stone, Justice

1. This proceeding arises out of Cause No. 95-CR-0085-W1, styled The State of Texas v. Anthony T. Harris, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Sam Katz presiding.

2. On March 12, 2003, the trial court appointed attorney Tracy Spoor to represent relator.