This is an original application for a writ of mandamus. Relator contends that he filed a motion for DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure but that the trial court has not ruled on it. Relator states that he sought mandamus relief from the appellate court but that his mandamus application was returned to him unfiled. Correspondence submitted by Relator from the appellate court indicates that the appellate court misconstrued Relator's mandamus application as a motion for DNA testing; the appellate court directed Relator back to the trial court as the proper place to file such a motion.

It is this Court's opinion that additional information is required before a decision can be reached on the motion for leave to file the instant action. The Respondent, 336th District Court of Grayson County, is ordered to file with this Court within thirty days a response indicating whether Relator filed a motion for DNA testing and whether the trial court has ruled on the motion. This application for writ of mandamus is held in abeyance pending compliance with this order.

DELIVERED: April 5, 2006

DO NOT PUBLISH

APPLICANT DOUGLAS WAYNE STOFF APPLICATION NO. 32,260-02

MOTION FOR LEAVE TO FILE HELD IN ABEYANCE AND RESPONDENT ORDERED TO FILE AN ANSWER WITHIN 30 DAYS.

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JUDGE DATE