in Re Michael Hancock

• Court: Court of Appeals of Texas
• Decided: July 24, 2014
• Docket: 09-14-00223-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00223-CR ____________________

IN RE MICHAEL HANCOCK

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

Michael Hancock filed a petition for writ of mandamus to compel the trial

court to correct the Penal Code section number on two judgments by issuing

judgments nunc pro tunc. The trial court signed judgments nunc pro tunc after

Hancock filed his mandamus petition. Nunc pro tunc judgments are appealable

orders. Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App. 2012). “If an

adequate remedy at law is available in the form of an appeal, it is an abuse of

discretion to grant mandamus relief.” Alvarez v. Eighth Court of Appeals of Tex.,

977 S.W.2d 590, 592 (Tex. Crim. App. 1998). Therefore, the petition for writ of

mandamus is denied.

1 PETITION DENIED.

PER CURIAM

Submitted on July 10, 2014 Opinion Delivered July 24, 2014 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.