In Re David Dwayne Hernandez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 31, 2025
• Docket: 10-25-00241-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00241-CR

In re David Dwayne Hernandez

Original Proceeding

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Relator’s petition for writ of mandamus was filed on July 28, 2025.

There are procedural problems with this petition, such as no service on

the trial court judge as the respondent and no service on the State as the real-

party-in-interest, no certification of the petition, no properly certified

transcript of the promised bench warrant alleged in relator’s petition, and no

certified or sworn-to copy of any document showing the matter complained of

as required by the Rules of Appellate Procedure. See TEX. R. APP. P. 9.5, 52.3(j),

(k)(1)(A), and 52.7. We use Rule 2 to suspend the operation of the service and

petition certification rules and proceed to a disposition of the petition. See TEX.

R. APP. P. 2.

Relator bears the burden of providing this Court with a sufficient record to establish his right to mandamus relief. In re Blakeney, 254 S.W.3d 659, 661

(Tex. App.—Texarkana 2008, orig. proceeding). He has not carried his burden.

Accordingly, relator’s petition for writ of mandamus is denied.

LEE HARRIS Justice

OPINION DELIVERED and FILED: July 31, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Petition denied Do Not Publish OT06

In re Hernandez Page 2