Opinion issued October 17, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00868-CV

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IN RE SHIRLEY ANN SOUTHERLAND, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Shirley Ann Southerland, requested that this Court compel respondent Charles Bacarisse, District Clerk for Harris County, to forward to the appropriate court of appeals her notice of appeal from the trial court's denial of her motion for DNA testing in cause number 526673. Relator relied on this Court's opinion in In re Washington, 7 S.W.3d 181 (Tex. App.--Houston [1st Dist.] 1999, orig. proceeding).

We requested a response to relator's petition for writ of mandamus from the State. The State's response informed us that, after relator's petition for writ of mandamus was filed in this Court, the Harris County District Clerk's office assigned relator's appeal from the denial of her motion for DNA testing to the Fourteenth Court of Appeals, where it is pending in cause number 14-02-00986-CR.

Because relator received the relief she requested, the petition for writ of mandamus is denied as moot.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Keyes.

Do not publish. Tex. R. App. P. 47.