in Re Santiago Lomas ( 2013 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00091-CR IN RE Santiago LOMAS Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 6, 2013 PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On February 1, 2013, Relator Santiago Lomas filed a petition for writ of mandamus complaining of the trial court’s failure to rule on his motion for DNA testing. On February 22, 2013, the trial court signed an order setting the matter for a hearing on the 12th day of April, 2013 and further providing for Lomas to be present at said hearing. Accordingly, the petition for writ of mandamus is DENIED AS MOOT. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH 1 This proceeding arises out of Cause No. 8581-A, styled State of Texas v. Santiago Lomas, pending in the 63rd Judicial District Court, Val Verde County, Texas, the Honorable Enrique Fernandez presiding.