IN RE: Luther Gabriel (2010)

MEMORANDUM Opinion

Luther Gabriel seeks a writ of mandamus compelling Respondent, the Honorable Deborah Oakes Evans, Judge of the 87th District Court of Freestone County, to rule on his motion for post-conviction DNA testing.   The State has filed a response demonstrating that Respondent has ruled on Gabriel's motion.¹  Therefore, the petition for writ of mandamus is dismissed as moot.   See In re Luna, 317 S.W.3d 484, 484 (Tex.App.-Amarillo 2010, orig. proceeding);  In re Medrano, No. 13-10-00122-CR, 2010 Tex.App. LEXIS 1988, at *1-2 (Tex.App.-Corpus Christi Mar. 16, 2010, orig. proceeding) (per curiam) (not designated for publication).

[OT06]

FOOTNOTES

FN1. The State attached a certified copy of the docket sheet in the underlying cause to its response which reflects that Respondent denied Gabriel's motion for post-conviction DNA testing on October 4, 2010 because “1) No evidence exists to be subjected to DNA [testing], and 2) There was never any biological evidence collected that still exists or ever existed that could be tested for DNA.”.  FN1. The State attached a certified copy of the docket sheet in the underlying cause to its response which reflects that Respondent denied Gabriel's motion for post-conviction DNA testing on October 4, 2010 because “1) No evidence exists to be subjected to DNA [testing], and 2) There was never any biological evidence collected that still exists or ever existed that could be tested for DNA.”

FELIPE REYNA Justice