Court of Civil Appeals of Texas, 2023

In Re Thomas Wayne Florence v. the State of Texas

In Re Thomas Wayne Florence v. the State of Texas
Court of Civil Appeals of Texas · Decided June 27, 2023

In Re Thomas Wayne Florence v. the State of Texas

Opinion

Opinion issued June 27, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00457-CR ——————————— IN RE THOMAS WAYNE FLORENCE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Thomas Wayne Florence, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus challenging a May 31, 2023 trial court order denying relator’s motion for post-conviction DNA testing, asserting that the trial court lacked “authority or power to rule on [his] motion, which order is void.”1

The underlying case is The State of Texas v. Thomas Wayne Florence, Cause No. 10-CR-1217, in the 56th District Court of Galveston County, Texas, the Honorable Lonnie Cox presiding.

Our review of relator’s mandamus petition reflects that he has failed to establish that he is entitled to mandamus relief. See TEX. R. APP. P. 52.3(k), 52.7, 52.8; see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.

Do not publish. TEX. R. APP. P. 47.2(b).

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