in Re Fabbian Donta Scott

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00033-CR
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IN RE FABBIAN DONTA SCOTT
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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause Nos. 21-36748 and 21-36749
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MEMORANDUM OPINION
In a petition for a writ of mandamus, Fabbian Donta Scott claims that he is
being held on a defective indictment and complaint. Scott complains that the trial
court denied his motion to quash the indictment on the record. He also complains
that his bail is excessive, but the motion to quash the indictment is the only motion
he discusses in his mandamus petition. As relief, Scott asks this Court to compel the
trial court to hold an evidentiary hearing and rule on his motion to quash the
indictment as a matter of law.
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To obtain mandamus relief, the relator must establish that he has no adequate
remedy at law to redress his alleged harm and that what he seeks to compel is a
ministerial act not involving a discretionary or judicial decision. State ex rel. Young
v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex.
Crim. App. 2007). Based on the record before us, we conclude that Scott has not
shown that his complaints could not be addressed through an appropriate pre-trial
procedure or through an appeal in the event he is convicted on the charged offenses.
We deny the petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on March 8, 2022
Opinion Delivered March 9, 2022
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
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