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MEMORANDUM OPINION No. 04-09-00526-CR IN RE Juan MOLINA Original Mandamus Proceeding1

PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: October 28, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On August 21, 2009, relator Juan Molina filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his motion for DNA testing. However, on October 15, 2009, the trial court granted relator’s motion for DNA testing. Accordingly, the petition is DENIED AS MOOT. TEX . R. APP . P. 52.8(a).

PER CURIAM DO NOT PUBLISH

… This proceeding arises out of Cause No. 1987-CR-5143, styled State of Texas v. Juan Molina, in the 290th Judicial District Court, Bexar County, Texas, the Honorable Sharon MacRae presiding.