In Re Devin T. McGhee v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 23, 2023
• Docket: 09-23-00251-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00251-CR __________________

IN RE DEVIN T. MCGHEE

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Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. F21-38631 __________________________________________________________________

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. 1 “[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Submitted on August 22, 2023 Opinion Delivered August 23, 2023 Do Not Publish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.