                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-14-00455-CR
                           ____________________


                     IN RE THOMAS DARRELL CROSS

_______________________________________________________            ______________

                               Original Proceeding
________________________________________________________             _____________

                          MEMORANDUM OPINION

      In this original proceeding, Thomas Darrell Cross complains that the trial

court has failed to rule on a motion for DNA testing. We requested a response from

the State. After reviewing the petition for writ of mandamus, the State’s response,

and the appendices to the petition and the response, we conclude that the relator

has not demonstrated that the trial court failed to consider and rule upon a properly

filed motion that has awaited disposition for an unreasonable amount of time. See

Ex parte Bates, 65 S.W.3d 133 (Tex. App.—Amarillo 2001, orig. proceeding). The

petition for writ of mandamus is denied without prejudice.



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      PETITION DENIED.



                                                  PER CURIAM


Submitted on November 10, 2014
Opinion Delivered December 10, 2014
Do Not Publish

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




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