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Mandamus Denied; Opinion Filed January 14, 2013

In The <!rourt of Appeals lf.ift}f ilistrid of IDexas at 1Ballits No. 05-13-00043-CV

IN RE JOHN MICHAEL DAISY, Relator

On Original Proceeding from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. W09-54947-Y(A) OPINION· Before Justices Moseley, Francis and Fillmore Opinion by Justice Fillmore In this original mandamus proceeding, relator John Michael Daisy complains the trial court violated its ministerial duty by not ruling on his application for writ of habeas corpus filed under article 11.072 of the Texas Code of Criminal Procedure. The facts and issues are well known to the parties, so we need not recounCthem herein. Based on the record before the Court, we conclude relator has not shown he is entitled to the relief requested. See Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding).

We deny the petition for writ of mandamus.

~~ ROBERT M. FILLMORE 130043F.P05 JUSTICE