TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00225-CV

In re Arthur Y. Pena

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY

MEMORANDUM OPINION

Relator Arthur Y. Pena filed a petition for writ of mandamus, complaining that the trial court had not acted on his motion for DNA testing. See Tex. R. App. P. 52; see also Tex. Code Crim. Proc. arts. 64.01-.05. Since he filed his petition, the trial court ordered a response from the State, the State responded in opposition of Pena’s motion, and the trial court denied Pena’s request.

Pena has received an answer to his motion and his petition is thus moot. We deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

__________________________________________ David Puryear, Justice Before Justices Puryear, Pemberton, and Field Filed: July 11, 2014