Andre Ricardo Bailey v. the State of Texas ( 2024 )

Opinion issued February 13, 2024
In The
Court of Appeals
For The
First District of Texas
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NO. 01-23-00150-CR
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EX PARTE ANDRE RICARDO BAILEY
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Case No. 19-DCR-088627
MEMORANDUM OPINION
Andre Ricardo Bailey, acting pro se, attempts to appeal the trial court’s denial
of his “Application for Writ of Habeas Corpus Requesting Dismissal of Indictment
in Violation of Due Process Right to Examining Trial.” We affirm.
On September 9, 2019, the grand jury returned an indictment against Baily for
the felony offense of burglary of habitation. Bailey filed an application for writ of
habeas corpus on January 30, 2023, seeking dismissal of the indictment on the basis
that he did not receive an examining trial. The habeas application was denied on
February 15, 2023. Bailey filed a notice of appeal on February 24, 2023, challenging
the denial of his habeas application.
Concerning Bailey’s assertion that he failed to receive an examining trial, the
code of criminal procedure provides, in relevant part: “The accused in any felony
case shall have the right to an examining trial before indictment ....” TEX. CODE
CRIM. PROC. art. 16.01 (emphasis added). At the time Bailey filed his application for
writ of habeas corpus, he had already been indicted years before and, therefore, no
longer had “a right” to an examining trial. See id. Under well-established law, “the
return of an indictment terminates any right to an examining trial.” State ex rel.
Holmes v. Salinas, 784 S.W.2d 421, 427 (Tex. Crim. App. 1990) (orig. proceeding).
Accordingly, we affirm the order denying Bailey’s habeas application.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy.
Do not publish. TEX. R. APP. P. 47.2(b).
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