Mandamus petition mooted by denial of motion

MOTION OR WRIT DENIED: Opinion by Justice Patterson (Before Justices Patterson, Puryear and Henson)

In re Edward Michael Bell--Appeal from 119th District Court of Tom Green County

ORIGINAL PROCEEDING FROM TOM GREEN COUNTY
M E M O R A N D U M O P I N I O N
Edward Michael Bell has petitioned for a writ of mandamus ordering the district court to act on his pro se motion for appointment of counsel for the purpose of requesting forensic DNA testing. See Tex. Code Crim. Proc. Ann. art. 64.01(c) (West Supp. 2007). While this petition was pending, the trial court denied the motion for appointed counsel after concluding that there are no reasonable grounds for a testing motion to be filed. See id. Because the trial court has acted on the motion, the request for mandamus relief has been rendered moot. The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
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Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Henson
Filed: February 22, 2008