In re Dempsey L. Sutton--Appeal from 186th Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00784-CR IN RE Dempsey L. SUTTON Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: November 19, 2008 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On October 23, 2008, relator Dempsey L. Sutton filed a petition for writ of mandamus, seeking to compel the trial court to rule relator s second motion for post-conviction DNA testing. On October 30, 2008, the trial court signed an order denying relator s second motion for postconviction DNA testing. In light of the trial court s action, the complaint presented in relator s petition is now moot. Accordingly, the petition for writ of mandamus is denied as moot. PER CURIAM DO NOT PUBLISH 1 ¦ This proceeding arises out of Cause No. 1985-CR-1279A, styled State of Texas v. Dempsey Leon Sutton, in the 186th Judicial District Court, Bexar County, Texas, the Honorable Maria Teresa Herr presiding.
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