Writ of Mandamus Dismissed, Opinion issued 1)ecember 12, 2012

Iii The (!nitrt uf Apprah5 fifth Jitrict uf cxa at Ja1ta No. 05-12-01335-CV

IN RE TIMOTHY SHELTON, Relator

Original Proceeding from the 282nd Judicial l)istrict Court Dallas County, Texas Trial Court Cause No. F93-04758-S

MEMORANDUM OPINION Beibre Justices Morris, Richter, and Lang-Miers Opinion by Justice Morris Relator contends the trial court failed to act on his motion fOr I)NA testing and appointment of counsel. The facts and issues are well known to the parties, so we need not recount them herein.

The relief requested by relator has been granted. Therefore. the issues presented in this petition are moot. See Dow Chern. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding). In re Gill. No. 06-04-00090-CV. 2004 WL 1884498 at * 1 (Tex. App.—iexarkana Aug. 24. 2004. orig. proceeding). Accordingly, we DISMISS relator’s petition for a writ of mandamus.

JOSIl B. 1ORRIS JLJS’f ICE 121335F.P05