Seals, Erich Stockley

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-93,206-03

EX PARTE ERICH STOCKLEY SEALS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13-16894-C IN THE 252ND DISTRICT COURT FROM JEFFERSON COUNTY

Per curiam.

ORDER

Applicant was convicted of aggravated assault causing bodily injury and sentenced to 25 years’ imprisonment. The Ninth Court of Appeals affirmed his conviction. Seals v. State, No. 09-15- 00191-CR (Tex. App.–Beaumont, Aug. 10, 2016). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.

The trial court made findings of fact and conclusions of law. The court’s findings and conclusions are supported by this Court’s independent review of the record. In part, however, the trial court recommends that this Court modify the judgment to correct a clerical error. Matters which may be raised and resolved by nunc pro tunc proceedings should not be considered by way of writ

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of habeas corpus. See Ex parte Pena, 71 S.W.3d 336, 336-337 (Tex. Crim. App. 2002). A trial court retains the power to enter a nunc pro tunc order correcting any “clerical error” in the judgment. Alvarez v. State, 605 S.W.2d 615, 617 (Tex. Crim. App. 1980). Therefore, the trial court has authority to enter a nunc pro tunc judgment in this case. Id.

We deny relief.

Filed: OCTOBER 19, 2022 Do not publish