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Writ of Mandamus Denied, Opinion issued January 16, 2013

In The Qtourt of Appeals lf.ifth, ilistrid of IDexas at ilallas No. 05-12-01729-CV

IN RE RODOLFO HERNANDEZ, Relator

Original Proceeding from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F12-11218

MEMORANDUM OPINION Before Justices O'Neill, Francis, and Murphy Opinion by Justice Francis Relator contends the trial court violated a ministerial duty by not ruling on his motion for examining trial. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEx. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318,320-21 (Tex. Crim.

App. 2009) (orig. proceeding); State of Tex. ex rei. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.

121729F.POS