In re Luther Gabriel--Appeal from 87th District Court of Freestone County
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IN THE TENTH COURT OF APPEALS No. 10-10-00290-CR IN RE LUTHER GABRIEL Original Proceeding MEMORANDUM OPINION Luther Gabriel seeks a writ of mandamus compelling Respondent, the Honorable Deborah Oakes Evans, Judge of the 87th District Court of Freestone County, to rule on his motion for post-conviction DNA testing. The State has filed a response demonstrating that Respondent has ruled on Gabriel s motion.1 Therefore, the petition for writ of mandamus is dismissed as moot. See In re Luna, 317 S.W.3d 484, 484 (Tex. App. Amarillo 2010, orig. proceeding); In re Medrano, No. 13-10-00122-CR, 2010 Tex. App. LEXIS 1988, at *1-2 (Tex. App. Corpus Christi Mar. 16, 2010, orig. proceeding) (per curiam) (not designated for publication). The State attached a certified copy of the docket sheet in the underlying cause to its response which reflects that Respondent denied Gabriel s motion for post-conviction DNA testing on October 4, 2010 because 1) No evidence exists to be subjected to DNA [testing], and 2) There was never any biological evidence collected that still exists or ever existed that could be tested for DNA. 1 FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Petition dismissed as moot Opinion delivered and filed October 20, 2010 Do not publish [OT06] In re Gabriel Page 2
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