in Re Fabbian Donta Scott

• Court: Court of Appeals of Texas
• Decided: March 9, 2022
• Docket: 09-22-00033-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00033-CR __________________

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 __________________________________________________________________

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.

1 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Submitted on March 8, 2022 Opinion Delivered March 9, 2022 Do Not Publish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.