In Re Raymond Peoples Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 19, 2023
• Docket: 09-23-00192-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00192-CR __________________

IN RE RAYMOND PEOPLES JR.

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Original Proceeding Criminal District Court of Jefferson County, Texas __________________________________________________________________

MEMORANDUM OPINION

Through a pro se petition for a writ of mandamus filed as an original

proceeding with this Court, Raymond Peoples Jr. complains that the trial court

refused to file an application for a writ of habeas corpus under article 11.08 of the

Texas Code of Criminal Procedure. He asks this Court to compel the trial court to

accept his writ application. Peoples has not shown that he is currently under

indictment for a criminal case filed in the Criminal District Court of Jefferson

County, nor has he shown that he is currently acting as pro se in the trial court and

1 is not represented by counsel. 1 Accordingly, we deny the petition for a writ of

mandamus without prejudice. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on July 18, 2023 Opinion Delivered July 19, 2023 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.

1 We note that the mandamus petition suffers from notable defects. See Tex. R. App. P. 52. Peoples fails to identify the real party in interest or certify that he served a copy of his mandamus petition on the respondent and on the real party in interest. See id. at 52.2, 52.3(a); see also Tex. R. App. P. 9.5. The petition lacks the information required by Rule 52.3(b) – (h). We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2. 2