In re Bennie Lee Nevels, Jr.--Appeal from 82nd District Court of Falls County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00229-CR

In re Bennie Lee Nevels, Jr.

Original Proceeding

MEMORANDUM Opinion

Bennie Lee Nevels, Jr. has filed an application with this Court for issuance of a writ of mandamus against the Honorable Robert Stem, Judge of the 82nd District Court of Falls County, and the Honorable Larry R. Hoelscher, District Clerk of Falls County. Nevels s complaints concern his motion for postconviction DNA testing filed under Chapter 64 of the Code of Criminal Procedure. Nevels contends that he is entitled to mandamus relief (1) against Hoelscher for failure to notify Nevels that his motion had been received and filed and (2) against Stem for failure to rule on the motion. However, Nevels has since filed an appeal from the denial of his motion for postconviction DNA testing. Therefore, we dismiss Nevels s mandamus application as moot. See In re Jaramillo, 164 S.W.3d 774, 775 (Tex. App. Texarkana 2005, orig. proceeding).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition dismissed

Opinion delivered and filed August 13, 2008

Do not publish

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