Dismiss Writ and Opinion Filed June 12, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00698-CV IN RE CHRISTOPHER ARIC RADKE, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F96-02380-UN MEMORANDUM OPINION Before Justices Moseley, Francis, and Fillmore Opinion by Justice Francis Relator contends the trial court failed to rule on his motion for DNA testing. 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 Chem. Co. v. Garcia, 909 S.W.2d 503, 505 (Tex. 1995) (orig. proceeding).

Accordingly, we DISMISS relator=s petition for a writ of mandamus.

/Molly Francis/ MOLLY FRANCIS 130698F.P05 JUSTICE