in Re Isidro Ramos, III ( 2020 )


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  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-20-00466-CR
    IN RE Isidro RAMOS, III
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: October 21, 2020
    PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT
    On September 17, 2020, relator filed a petition for writ of mandamus complaining of the
    trial court’s refusal to rule on his motion for DNA testing. Relator also filed a motion for leave to
    file his petition.
    On October 9, 2020, the respondent filed a response containing copies of its October 9,
    2020 orders (1) denying relator’s request for appointment of counsel pursuant to Texas Code of
    Criminal Procedure Chapter 64 and (2) denying relator’s motion for post-conviction DNA testing.
    Because the trial court has ruled on relator’s pending motions, relator has now received the relief
    requested. We, therefore, dismiss relator’s petition as moot.
    1
    This proceeding arises out of Cause No. 2015-CR-9685, styled State of Texas v. Isidro Ramos, III, pending in the
    144th Judicial District Court, Bexar County, Texas, the Honorable Melissa Skinner presiding.
    04-20-00466-CR
    We deny as moot relator’s request to file a petition for writ of mandamus because leave is
    not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re
    Medina, 04-19-00041-CR, 
    2019 WL 360534
    , at *1 (Tex. App.—San Antonio Jan. 30, 2019, no
    pet.).
    PER CURIAM
    Do not publish
    -2-
    

Document Info

Docket Number: 04-20-00466-CR

Filed Date: 10/21/2020

Precedential Status: Precedential

Modified Date: 10/27/2020