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MEMORANDUM OPINION

No. 04-09-00391-CR IN RE Roy Louis SMITHWICK, JR. Original Mandamus Proceeding1

PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: July 15, 2009 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On June 30, 2009, relator Roy Louis Smithwick, Jr. filed a petition for writ of mandamus, seeking to compel the trial court to rule on his motion for DNA testing. However, on July 8, 2009, the trial court signed an order denying relator’s motion for DNA testing. Therefore, we DENY the petition for writ of mandamus as MOOT.

PER CURIAM DO NOT PUBLISH

… This proceeding arises out of Cause No. 1992-CRA-00041, styled State of Texas v. Roy L. Smithwick, Jr., filed in the 49th Judicial District Court, W ebb County, Texas, the Honorable Jose A. Lopez presiding.