Order entered November 9, 2012

In The Court of i tritt of No. 05-12-01335-CV IN RE TIMOTHY SHELTON, Relator On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F93-04-758-S ORDER The Court has before it real party in interest the State of Texas’s November l, 2012 motion for extension to file out-of-time, contemporaneously-tendered response. The Court GRANTS the motion. The Court also has before it relator’s petition for writ of mandamus, in which he claims to have filed a motion for DNA testing and appointment of counsel. In its response, the State asserts that no such motion was ever filed in the trial court. On its own motion, the Court ORDERS the trial judge to make a finding of fact as to whether relator filed a motion for DNA testing and appointment of counsel with the District Clerk of the trial court.

The Court ORDERS the trial judge to file with this Court, within ten (10) days of the date of this order, a certified copy of its order making such finding of fact.

~. MORRIS