Opinion
14-21-00715-CR
05-17-2022
IN RE BRIAN A. MOORE, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 482nd District Court Harris County, Texas Trial Court Cause No. 1733491
Panel consists of Justices Wise, Spain, and Hassan (Spain, J., dissenting without opinion).
MEMORANDUM OPINION
PER CURIAM
On December 10, 2021, relator Brian A. Moore 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 Maritza Antu, presiding judge of the 482nd District Court of Harris County, to grant relator an examining trial. See Tex. Code Crim. Proc. Ann. art. 16.01.
Relator asserts that he was indicted "prior to giving the [relator] an examining trial." Relator contends this violated his constitutional rights. Relator neither asserts nor does the mandamus record reflect that relator requested an examining trial. Moreover, 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, 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.