In re Anthony Everett Pedley Appeal from 122nd District Court of Galveston County (memorandum opinion per curiam)
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Opinion issued March 29, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00601-CR ——————————— IN RE ANTHONY EVERETT PEDLEY, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Anthony Everett Pedley, has filed a petition for writ of mandamus challenging the trial court’s failure to provide him with an examining trial prior to his indictment in October.1 1 The underlying case is State of Texas v. Anthony Everett Pedley, cause number 21CR-3065, pending in the 122nd District Court of Galveston County, Texas, the Honorable John Ellisor presiding. To be entitled to mandamus relief, a relator must show that the act he seeks to compel is a ministerial one and that he has no adequate remedy at law for obtaining the relief he seeks. See In re Powell, 516 S.W.3d 488, 494–95 (Tex. Crim. App. 2017). Section 16.01 of the Code of Criminal Procedure states that an accused in a felony case “shall have the right to an examining trial before indictment . . . .” TEX. CRIM. PROC. CODE § 16.01. But the right to an examining trial is terminated by the return of an indictment. See State ex rel. Holmes v. Salinas, 784 S.W.2d 421, 424 (Tex. Crim. App. 1990). Because relator admits in his petition that he has already been indicted, he no longer has the right to an examining trial. Thus, relator has not established his entitlement to mandamus relief. We deny the petition. See TEX. R. APP. P. 52.8. Any pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Kelly, Goodman, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b). 2
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