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IN RE ROGERS

No. 2-01-215-CV.

53 S.W.3d 778 (2001)

In re R.W. ROGERS, Sr., Relator.

Court of Appeals of Texas, Fort Worth.

August 7, 2001.

Attorney(s) appearing for the Case

R.W. Rogers, Sr., pro se.

Tim Curry, Criminal District Attorney and Steven W. Conder, Assistant Criminal District Attorney, Fort Worth, for real party in interest.

PANEL A: DAY, HOLMAN, and GARDNER, JJ.

OPINION

HOLMAN, Justice.

In this pro se petition for writ of mandamus, relator R.W. Rogers, Sr. asks this court to compel the trial court to rule on his "Motion For [DNA Testing] Pursuant to Senate Bill (3)." We conditionally grant the petition in part and deny it in part.

Relator, who is currently incarcerated and indigent, was convicted of aggravated sexual assault in 1988. His motion for DNA testing was filed in the trial court clerk's office...

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