in Re Michael Hancock

Court of Appeals of Texas·Decided July 24, 2014·No. 09-14-00223-CR·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-14-00223-CR

IN RE MICHAEL HANCOCK

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Original Proceeding

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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.

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Submitted on July 10, 2014 Opinion Delivered July 24, 2014 Do Not Publish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

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Related

Alvarez v. Eighth Court of Appeals of Texas
977 S.W.2d 590 (Court of Criminal Appeals of Texas, 1998)
Blanton, Donald Gene
369 S.W.3d 894 (Court of Criminal Appeals of Texas, 2012)