In Re: Calvin McNacAppeal from 283rd Judicial District Court of Dallas County (memorandum opinion )

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DENY; and Opinion Filed May 7, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00603-CV IN RE CALVIN MCNAC, Relator On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F03-71678-T MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Fillmore The Court has before it relator s petition for writ of mandamus in which he asks this Court to order the trial court to rule on his motion for post-conviction DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Simon v. Levario, 306 S.W.3d 318, 320 21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex. rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 28 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we deny relator s petition for writ of mandamus. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 130603F.P05

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