Court of Civil Appeals of Texas, 2019

in Re Samuel Adkins

in Re Samuel Adkins
Court of Civil Appeals of Texas · Decided January 29, 2019

in Re Samuel Adkins

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00004-CV

In re Samuel Adkins

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R AN D U M O P I N I O N

Relator Samuel Adkins filed a pro se petition for writ of mandamus asking this Court to compel the district court to act on his motion for forensic DNA testing and his motion for appointment of counsel. See Tex. Code Crim. Proc. art. 64.01(a-1), (c). After Adkins filed his petition, the district court ruled on both of his motions. Accordingly, we dismiss Adkins’s petition for writ of mandamus as moot. See In re Luna, 317 S.W.3d 484, 484 (Tex. App.—Amarillo 2010, orig. proceeding); see also Tex. R. App. P. 52.8(a).1

_________________________________________ Gisela D. Triana, Justice Before Justices Goodwin, Baker, and Triana Dismissed as Moot Filed: January 29, 2019

The Texas Code of Criminal Procedure provides for appeals involving chapter 64 forensic DNA testing as in any other criminal matter. Tex. Code Crim. Proc. art. 64.05; see Tex. R. App. P. 26.2, 26.3.

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