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Mandamus Denied; Opinion Filed January 14, 2013




                                               In The
                                    <!rourt of Appeals
                         lf.ift}f ilistrid of IDexas at 1Ballits
                                        No. 05-13-00043-CV


                       IN RE JOHN MICHAEL DAISY, Relator


                 On Original Proceeding from the Criminal District Court No. 7
                                    Dallas County, Texas
                           Trial Court Cause No. W09-54947-Y(A)

                                              OPINION·
                             Before Justices Moseley, Francis and Fillmore
                                      Opinion by Justice Fillmore
       In this original mandamus proceeding, relator John Michael Daisy complains the trial

court violated its ministerial duty by not ruling on his application for writ of habeas corpus filed

under article 11.072 of the Texas Code of Criminal Procedure. The facts and issues are well

known to the parties, so we need not recounCthem herein. Based on the record before the Court,

we conclude relator has not shown he is entitled to the relief requested. See Simon v. Levario,

306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding).

       We deny the petition for writ of mandamus.



                                                          ~~
                                                        ROBERT M. FILLMORE
130043F.P05                                             JUSTICE
