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in Re Joshua Tyrone Lane
Opinion issued June 23, 2015
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-15-00460-CR NO. 01-15-00461-CR ——————————— IN RE JOSHUA TYRONE LANE, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Joshua Tyrone Lane, proceeding pro se and incarcerated, filed a motion for leave to file a writ of mandamus seeking to compel the respondent trial court to rule on his pending post-conviction motion for DNA testing, which relator *2 claimed was filed on January 15, 2015, in the trial court.1 On June 2, 2015, we construed relator’s motion as a petition for a writ of mandamus and requested a response because the relator alleged that the State had already responded to his DNA motion in the trial court. On June 8, 2015, the real party in interest, the State of Texas, represented by the Brazoria County District Attorney’s Office, timely filed a response attaching the trial court’s January 16, 2015 order denying relator’s post-conviction DNA testing motion.
Because relator has received the relief requested in his mandamus petition, we dismiss the petition as moot. See In re Bonilla, 424 S.W.3d 528, 534 (Tex. Crim. App. 2014) (dismissing mandamus petition seeking cost information to order transcripts as moot after “the information sought by relator was provided to him”) (citations omitted); In re Duncan, 62 S.W.3d 333, 334 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (per curiam) (dismissing mandamus petition seeking to vacate arrest warrant as moot after trial court issued another order vacating prior arrest warrant).
1 The underlying cases are Ex parte Joshua Tyrone Lane, Cause Nos. 54972-1 and 54973-1, in the 300th Judicial District Court of Brazoria County, Texas, the Honorable K. Randall Hufstetler presiding, who is listed as the respondent.
CONCLUSION
Accordingly, we dismiss relator’s petition for a writ of mandamus as moot. See TEX. R. APP. P. 52.8(a).
PER CURIAM Panel consists of Justices Keyes, Huddle, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).