in Re Donald Wayne Herod ( 2014 )

Opinion issued September 4, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00639-CR
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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Do not publish.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