In re Ovidio Garcia, Jr.--Appeal from 229th Judicial District Court of Starr County
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i i i i i i 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 PER CURIAM DO NOT PUBLISH 1 ¦ This proceeding arises out of Cause No. 91-CR-43, styled State of Texas v. Ovidio Garcia, Jr., in the 229th Judicial District Court, Starr County, Texas,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 Banà a les, presiding judge of the Fifth Administrative Judicial Region of Texas, was assigned to the case in an order dated June 17, 2008.
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