Ex Parte Zohair Ahmed

• Court: Court of Appeals of Texas
• Decided: October 13, 2022
• Docket: 04-20-00333-CR
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas October 13, 2022

No. 04-20-00333-CR

EX PARTE Zohair AHMED,

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR2128A-W1 Honorable Jennifer Pena, Judge Presiding

ORDER Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice On June 15, 2022, this court issued an opinion denying relief in Ex parte Ahmed. On August 19, 2022, Ahmed filed a motion for extension of time with the Court of Criminal Appeals for an out-of-time petition for discretionary review. The Court of Criminal Appeals denied the motion. On September 15, 2022, Ahmed filed a motion with this court titled Motion to Correct Factual Errors as Stated in the Court’s Opinion. In it, Ahmed argues that this court retains plenary jurisdiction and should review the opinion en banc. Ahmed argues that this court has made factual errors that require it to issue an amended opinion and prays that this court will sua sponte reconsider its holding. First, we agree that we may correct a clerical error in the judgment or opinion. TEX. R. APP. P. 19.3(a). To that end, we strike the last sentence of the first Background paragraph: “At the time of his plea, Ahmed was illegally in the United States.” But Ahmed’s other requested corrections are either inaccurate, unsupported, or more than mere clerical corrections. See Westerburg v. W. Royalty Corp., No. 07-15-00082-CV, 2016 WL 5786980, at *1 (Tex. App.— Amarillo Sept. 21, 2016, no pet.) (mem. op.). Because there was no timely motion for either rehearing or reconsideration, our plenary power over the judgment has expired and we may only correct clerical errors in our opinion or judgment. See Tex. R. App. P. 19.1, 19.3(a), 49.1, 49.5; Westerburg, 2016 WL 5786980, at *1. Our authority to grant a request to correct a non-clerical error has expired. See Tex. R. App. P. 19.1, 19.3(a); Westerburg, 2016 WL 5786980, at *1. FILE COPY

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of October, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court