Moreman, Cassidy Scott

• Court: Court of Criminal Appeals of Texas
• Decided: September 10, 2008
• Docket: WR-70,348-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,348-01 EX PARTE CASSIDY SCOTT MOREMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. B-07-2045-0-CR-B (COUNTS 1-3)

IN THE 156^TH DISTRICT COURT

FROM BEE COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of delivery of a controlled substance and sentenced to twelve years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea bargain was not followed when drug free zone findings were entered on his judgment. Both the written plea agreement and the judgment states that part of the plea agreement was the State agreeing to dismiss the drug free zone allegations, but the judgment still shows that an affirmative drug free zone finding was made.

This finding appears to be a typographical error which needs to be corrected through a judgment nunc pro tunc and not a breach of Applicant's plea agreement as he alleges in his application. Applicant's request for relief is therefore denied.

Delivered: September 10, 2008

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