Opinion issued January 22, 2010

In The

Court of Appeals

For The

First District of Texas

__________

NO. 01-09-01006-CR

__________

IN RE HERMAN NUGENT, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Herman Nugent, has filed a pro se petition for writ of mandamus, complaining that the trial court ⁽¹⁾ has not ruled on his motion for DNA testing filed in cause number 9404129. Since the petition was filed, the trial court has ruled on relator's motion. ⁽²⁾ We deny the petition for writ of mandamus.

We deny as moot any pending motions.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Higley.

Do not publish. Tex. R. App. P. 47.2(b).

1. Relator names as respondent the Honorable Vanessa Velasquez, Judge, 183rd District Court of Harris County, Texas.

2.The State has filed a response. The response includes a copy of the trial court's order appointing counsel for appellant for purposes of DNA testing in cause number 9404129. The order was signed by Judge Velasquez on 12-11-2009. Counsel Kelly Smith was appointed to represent Herman Nugent.