In re Jalaman Abdoul Mareena Appeal from 209th District Court of Harris County (memorandum opinion per curiam)

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Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed August 17, 2023. In The Fourteenth Court of Appeals NO. 14-23-00331-CR NO. 14-23-00332-CR IN RE JALAMAN ABDOUL MAREENA, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 209th District Court Harris County, Texas Trial Court Cause Nos. 1817984 & 1817985 MEMORANDUM MAJORITY OPINION On May 11, 2023, relator Jalaman Abdoul Mareena 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 Brian Warren, presiding judge of the 209th District Court of Harris County, to conduct an examining trial. Relator states that an information was returned on May 5, 2023. Relator contends this violated his constitutional rights. Relator asserts that he requested an examining trial. However, the mandamus record does not 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) (orig. proceeding); 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) (mem. op.). “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 Wise, Bourliot, and Spain (J., Spain, dissenting). Do Not Publish — Tex. R. App. P. 47.2(b). 2

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