In Re Devin T. McGhee v. the State of Texas ( 2023 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-23-00251-CR
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IN RE DEVIN T. MCGHEE
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Original Proceeding
252nd District Court of Jefferson County, Texas
Trial Cause No. F21-38631
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MEMORANDUM OPINION
In a pro se petition for a writ of mandamus, Relator, Devin T. McGhee, asks
this Court to compel the trial court to hold an examining trial. See Tex. Code Crim.
Proc. Ann. art. 16.01 (“The accused in any felony case shall have the right to an
examining trial before indictment in the county having jurisdiction of the
offense[.]”). We deny mandamus relief.1
1
Relator failed to certify that he served a copy of the mandamus petition on
the Respondent and the Real Party in Interest. See Tex. R. App. P. 9.5. We use Rule
2, however, to look beyond these deficiencies to reach an expeditious result. See
Tex. R. App. P. 2.
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“[T]he return of an indictment terminates any right to an examining trial.” See
State ex rel. Holmes v. Salinas, 784 S.W.2d 421, 427 (Tex. Crim. App. 1990) (orig.
proceeding). McGhee states that he was indicted on October 20, 2021. Thus, the trial
court does not have a ministerial duty to conduct an examining trial.
Relator failed to establish a right to mandamus relief. Accordingly, we deny
the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on August 22, 2023
Opinion Delivered August 23, 2023
Do Not Publish
Before Golemon, C.J., Johnson and Wright, JJ.
2