In Re David Dwayne Hernandez v. the State of Texas
This text of In Re David Dwayne Hernandez v. the State of Texas (In Re David Dwayne Hernandez v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 10th District (Waco) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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OPINION DELIVERED and FILED: July 13, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Dismissed Do Not Publish OT06
In re Hernandez Page 2
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