In re Courdell Dominique Middleton Appeal from 122nd District Court of Galveston County (memorandum opinion per curiam)

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 16, 2021. In The Fourteenth Court of Appeals NO. 14-21-00618-CR IN RE COURDELL DOMINIQUE MIDDLETON, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 122nd District Court Galveston County, Texas Trial Court Cause No. 20CR3626 MEMORANDUM OPINION On November 1, 2021, relator Courdell Dominique Middleton 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 John Ellisor, presiding judge of the 122nd District Court of Galveston County, to grant 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 February 4, 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. PER CURIAM Panel consists of Justices Jewell, Bourliot, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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