in Re Donald Wayne Herod

CourtCourt of Appeals of Texas
DecidedSeptember 4, 2014
Docket01-14-00639-CR
StatusPublished

This text of in Re Donald Wayne Herod (in Re Donald Wayne Herod) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re Donald Wayne Herod, (Tex. Ct. App. 2014).

Opinion

Opinion issued September 4, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00639-CR ——————————— IN RE DONALD WAYNE HEROD, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Donald Wayne Herod, has filed a pro se petition for writ of

mandamus, and motion for leave to file, seeking to compel the respondent trial

court to rule on his “motion to discover the blood sample,” which he claims was

filed under various statutes, including Texas Code of Criminal Procedure Article

11.073.1

1 Relator identifies the respondent only as the 339th District Court of Harris County, but lists the underlying cause number 1152281 which corresponds to The State of We deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a),

(d). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Keyes.

Do not publish. TEX. R. APP. P. 47.2(b).

Texas v. Donald Wayne Herod, the Honorable Caprice Cosper presiding. We affirmed relator’s conviction under that cause number for felony driving while intoxicated. Donald Wayne Herod v. State, No. 01-08-00908-CR, 2010 WL 1981577, at *5 (Tex. App.—Houston [1st Dist.] May 13, 2010, pet. ref’d). 2

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