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In re Robledo

Court of Appeals of Texas, Fifth District, Dallas

December 17, 2013

IN RE DOMINGO ROBLEDO, Relator

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F90-02087-MP

Before Justices FitzGerald, Lang, and Myers

MEMORANDUM OPINION

KERRY P. FITZGERALD JUSTICE

In his petition for writ of mandamus, relator contends the trial court violated a ministerial duty by not ruling on relator's motion for appointment of counsel to pursue his motion for postconviction DNA testing. Real party the State of Texas responded that the trial court has ruled on relator's motion and appointed counsel in the Dallas County Public Defender's Office to represent relator, rendering the mandamus petition moot. A copy of the trial court's December 5, 2013 order appointing counsel is attached to the State's response. Because the trial court has ruled on relator's motion, the ...


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