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MEMORANDUM OPINION No. 04-09-00337-CR IN RE Fred FLORES Original Mandamus Proceeding1

PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: July 1, 2009 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On June 8, 2009, relator Fred Flores filed a petition for writ of mandamus, seeking to compel the trial court to rule on his second motion for DNA testing filed on December 22, 2008. However, on June 16, 2009, the trial court signed an order denying relator’s second motion for DNA testing.

Therefore, the petition for writ of mandamus is now moot.

Accordingly, we deny the petition for writ of mandamus and all other relief requested as moot.

PER CURIAM DO NOT PUBLISH

… This proceeding arises out of Cause No. 2005-CR-8161, styled State v. Flores, in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.