in Re: Jimmie Richardson

• Court: Court of Appeals of Texas
• Decided: August 12, 2004
• Docket: 14-04-00713-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 12, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00713-CV

IN RE JIMMIE RICHARDSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 29, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator asks us to order respondent to grant relator an examining trial.  See Tex. Code Crim. Proc. Ann. art. 16.01 (Vernon Supp. 2004).  In his petition, relator states that he was indicted for aggravated assault and kidnapping on May 17, 2004.  A defendant=s right to an examining trial is ended by the return of an indictment.  State ex rel. Holmes v. Salinas, 784 S.W.2d 421, 424 (Tex. Crim. App. 1990).

Accordingly, relator is not entitled to the relief sought in his petition.  We deny his petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 12, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.