in Re Paul Eugene Denley

• Court: Court of Appeals of Texas
• Decided: July 7, 2022
• Docket: 14-22-00345-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Opinion filed July 7, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00345-CR

IN RE PAUL EUGENE DENLEY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 262nd District Court Harris County, Texas Trial Court Cause No. 417904

MEMORANDUM OPINION

On Thursday, May 12, 2022, relator Paul Eugene Denley filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator contests an order of judgment nunc pro tunc signed on June 29, 2021, by the Honorable Lori Gray, presiding judge of the 262nd District Court of Harris County. “To be entitled to mandamus relief in a criminal case, a relator must show that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision.” See State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App.2007) (orig. proceeding). The validity of a nunc pro tunc entry may be challenged on appeal. See Moore v. State, 446 S.W.2d 878, 879 (Tex. Crim. App. 1969); see also Cunningham v. State, 322 S.W.2d 538, 540 (Tex. Crim. App. 1959).

Accordingly, the petition is denied.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson. Do Not Publish — Tex. R. App. P. 47.2(b).