In Re David Dwayne Hernandez v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledJuly 13, 2026
Docket10-26-00264-CR
StatusPublished
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Full 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Do Not Publish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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