In Re: Domingo RobledoAppeal from 203rd Judicial District Court of Dallas County (memorandum opinion )
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DISMISS; and Opinion Filed December 17, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01644-CV IN RE DOMINGO ROBLEDO, Relator On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F90-02087-MP MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Myers Opinion by Justice FitzGerald In his petition for writ of mandamus, relator contends the trial court violated a ministerial duty by not ruling on relator s motion for appointment of counsel to pursue his motion for postconviction DNA testing. Real party the State of Texas responded that the trial court has ruled on relator s motion and appointed counsel in the Dallas County Public Defender s Office to represent relator, rendering the mandamus petition moot. A copy of the trial court s December 5, 2013 order appointing counsel is attached to the State s response. Because the trial court has ruled on relator s motion, the issue presented in relator s petition is moot. See Dow Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995). We dismiss the petition for writ of mandamus. /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE 131644F.P05
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