In Re Devin T. McGhee Appeal from 252nd District Court of Jefferson County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00251-CR __________________ IN RE DEVIN T. MCGHEE __________________________________________________________________ Original Proceeding 252nd District Court of Jefferson County, Texas Trial Cause No. F21-38631 __________________________________________________________________ MEMORANDUM OPINION In a pro se petition for a writ of mandamus, Relator, Devin T. McGhee, asks this Court to compel the trial court to hold an examining trial. See Tex. Code Crim. Proc. Ann. art. 16.01 (“The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense[.]”). We deny mandamus relief.1 Relator failed to certify that he served a copy of the mandamus petition on the Respondent and the Real Party in Interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2. 1 1 “[T]he return of an indictment terminates any right to an examining trial.” See State ex rel. Holmes v. Salinas, 784 S.W.2d 421, 427 (Tex. Crim. App. 1990) (orig. proceeding). McGhee states that he was indicted on October 20, 2021. Thus, the trial court does not have a ministerial duty to conduct an examining trial. Relator failed to establish a right to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a). PETITION DENIED. PER CURIAM Submitted on August 22, 2023 Opinion Delivered August 23, 2023 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ. 2
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