in Re Cuong Van Nguyen

• Court: Court of Appeals of Texas
• Decided: March 27, 2013
• Docket: 09-12-00592-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00592-CR ____________________

IN RE CUONG VAN NGUYEN

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

Cuong Van Nguyen filed a petition for writ of mandamus to compel the trial

court to issue a judgment nunc pro tunc crediting his sentence with time from the

date of indictment to the date of sentencing. The trial court subsequently signed a

judgment nunc pro tunc. Nunc pro tunc judgments are appealable orders. See

Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App. 2012). Mandamus relief is

not available to challenge an appealable order. See Alvarez v. Eighth Court of

Appeals of Tex., 977 S.W.2d 590, 592 (Tex. Crim. App. 1998). The petition for

writ of mandamus is denied.

1 PETITION DENIED.

PER CURIAM

Submitted on February 15, 2013 Opinion Delivered March 27, 2013 Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.