Opinion
14-21-00626-CR
11-16-2021
IN RE JUSTIN DUJUAN HECTOR, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 212th District Court Galveston County, Texas Trial Court Cause Nos. 21CR1562
Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
MEMORANDUM OPINION
PER CURIAM
On November 2, 2021, relator Justin DuJuan Hector filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator asks this court to compel the Honorable Patricia Grady, presiding judge of the 212th District Court of Galveston County, to grant relator an examining trial. See Tex. Code Crim. Proc. art. 16.01.
Relator complains that the trial court failed to hold an examining trial before he was indicted by the grand jury. He contends that his constitutional rights to due process and access to the courts have been violated. Relator states in his petition that he was indicted on June 10, 2021. 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, 427 (Tex. Crim. App. 1990); see also In re Richardson, No. 14-04-00713-CV, 2004 WL 1797589, at *1 (Tex. App.-Houston [14th Dist.] Aug. 12, 2004, orig. proceeding). "Due process considerations are not implicated since the primary purpose for the examining trial, a determination of probable cause, is at least as timely accomplished by presenting evidence directly to the grand jury." Salinas, 784 S.W.2d at 427.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.