In Re Lester Guyton v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledSeptember 10, 2026
Docket10-26-00360-CR
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00360-CR
In re Lester Guyton
Original Proceeding
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Lester Guyton, proceeding pro se, filed a document in this Court entitled
“Writ of Prohibition.” Guyton appears to raise complaints related to the trial
court’s plea-in-bar of certain unadjudicated offenses considered in assessing
his punishment in trial court cause number 22-04605-CRF-85 on or about
February 8, 2024.
A writ of prohibition generally issues to prevent the commission of a
future act. State ex. rel. Wade v. Mays, 689 S.W.2d 893, 897 (Tex. Crim. App.
1985). The only situation in which this Court may properly use a writ of
prohibition is to protect our jurisdiction over a pending proceeding. In re Mix,
No. 10-19-00463-CR, 2019 WL 7246445, at *1 (Tex. App.—Waco Dec. 23, 2019,
orig. proceeding) (mem. op., not designated for publication).
There is no pending appeal in the underlying criminal case. Guyton’s
petition for writ of prohibition “does not assert any manner in which our
jurisdiction is in jeopardy of being lost due to the events about which he is
complaining.” Id. We have no jurisdiction to issue the writ of prohibition.
Accordingly, we dismiss Guyton’s petition for writ of prohibition.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: September 10, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Petition dismissed
Do Not Publish
OT06
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