NUMBER 13-05-352-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: EUSTORGIO GUZMAN RESENDEZ

On Petition for Writ of Mandamus                                                                                                                      

MEMORANDUM OPINION

Before Justices Yañez, Castillo, and Garza

Memorandum Opinion Per Curiam

          On June 1, 2005, relator, Eustorgio Guzman Resendez, filed a petition for writ of mandamus with this Court in which he alleges that respondent, the Honorable Omar Guerrero, District Clerk of Hidalgo County, failed to respond to relator’s motion for forensic DNA testing. Relator’s petition for writ of mandamus asks this Court to order the respondent to present the motion for forensic DNA testing to the 139th Judicial District Court for ruling. The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that said petition should be denied. The petition for writ of mandamus is hereby DENIED.

PER CURIAM

Memorandum Opinion delivered

and filed this the 9th day of June, 2005.