Brown, Sean Huston

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

WR-75,485-01 IN RE SEAN HOUSTON BROWN, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

FROM FORT BEND COUNTY

Womack, J., filed a statement respecting the denial of relief.

I join the Court's order with these understandings:

(1) Its last sentence ("Post-conviction remedies will be of no avail.") is limited to extraordinary writs that directly seek a nunc pro tunc change in the judgment.

(2) Our decision does not address the question whether extraordinary writs may be used to bring a claim of ineffective assistance of counsel for failing to seek proper award of jail-time credit in the judgment of conviction.

Filed April 13, 2011.

Publish.