Dismissed and Opinion filed August 10, 2016

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00858-CV IN RE STEPHEN HOWARD TIMMS, Relators Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-06-00155 MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Evans Relator contends the trial court failed to act on his motion for DNA testing. The facts and issues are well known to the parties, so we need not recount them herein. On July 28, 2016, the trial court issued its notification of request for forensic DNA testing in accordance with article 64.02 of the Texas Code of Criminal Procedure. Therefore, the issues presented in this petition are moot. See In re Williams, 05-12- 00485-CV, 2012 WL 1595080, at *1 (Tex. App.—Dallas May 7, 2012, no pet.). Accordingly, we DISMISS relator’s petition for writ of mandamus as moot.

/s/ David Evans DAVID EVANS JUSTICE 160858F.P05