                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-18-00220-CR
                           ____________________

                      IN RE MELTON EUGENE KUHN

_______________________________________________________           ______________

                              Original Proceeding
               9th District Court of Montgomery County, Texas
                        Trial Cause No. 08-07-06923-CR
________________________________________________________           _____________

                         MEMORANDUM OPINION

      Relator Melton Eugene Kuhn filed a petition for writ of mandamus, in which

he asked this Court to compel the trial judge to rule upon his post-conviction

application for forensic DNA testing. The State’s response to Kuhn’s petition

includes an appendix containing the trial court’s appealable order, dated July 12,

2018, denying Kuhn’s motion. See Tex. Code Crim. Proc. Ann. art. 64.05 (West

2018); see also In re Johnston, 79 S.W.3d 195, 197 (Tex. App.—Texarkana 2002,

orig. proceeding) (stating that time to appeal commences when the trial court signs

an order denying motion seeking DNA testing). We conclude that because the trial

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court has now ruled upon Kuhn’s post-conviction application for DNA testing, this

original proceeding is moot. Accordingly, we dismiss the petition for writ of

mandamus as moot.

      PETITION DISMISSED.


                                                            PER CURIAM


Submitted on July 16, 2018
Opinion Delivered July 25, 2018
Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.




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