In Re David Dwayne Hernandez v. the State of Texas

Texas Court of Appeals, 10th District (Waco)·Decided July 13, 2026·No. 10-26-00264-CR·Published

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-26-00264-CR

In re David Dwayne Hernandez

Original Proceeding

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

In his petition for writ of mandamus, filed on July 1, 2026, David Dwayne Hernandez seeks to compel the court reporter to deliver transcripts Hernandez has requested. As a court of appeals, we only have jurisdiction to issue a writ of mandamus against a judge; we do not have jurisdiction to issue a writ of mandamus against a court reporter. See TEX. GOV’T CODE § 22.221(b); Lesikar v. Anthony, 750 S.W.2d 338, 339 (Tex. App.—Houston [1st Dist.] 1988, orig. proceeding).

Accordingly, this petition is dismissed for want of jurisdiction.

LEE HARRIS

Justice

OPINION DELIVERED and FILED: July 13, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do Not Publish OT06

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In Re David Dwayne Hernandez v. the State of Texas, (Tex. Ct. App. 2026).

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Related

Lesikar v. Anthony
750 S.W.2d 338 (Court of Appeals of Texas, 1988)