in Re: Billie Glen Martin
in Re: Billie Glen Martin
Opinion
Original Mandamus Proceeding
Before Cornelius, C.J., Grant and Ross, JJ.
Opinion by Justice Ross
O P I N I O N
Billie Glen Martin has filed a petition asking this Court to grant a writ of mandamus directing a district judge to rule on his petition seeking expunction of criminal records. Martin has now contacted this Court, stating he has discovered his petition for expunction had not been properly filed with the district court. He therefore asks this Court to withdraw his petition for writ of mandamus.
His motion is granted. The petition is dismissed.
Donald R. Ross
Justice
Date Submitted: March 13, 2002
Date Decided: March 13, 2002
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-11-00056-CR
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MARQUAUS SEYNI SIMMONS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd Judicial District Court
Red River County, Texas
Trial Court No. CR01274
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Marquaus Seyni Simmons was adjudicated guilty of possession of cocaine in an amount of one gram or more but less than four grams, and was sentenced to fifteen years imprisonment. Simmons complains that while the State filed a motion to adjudicate guilt alleging five violations of his terms and conditions, of the previously ordered community supervision, [t]he State then filed an amended motion to adjudicate guilt which did not allege any grounds. In light of this, Simmons argues that the trial court was without jurisdiction to hear the motion to adjudicate.
It appears that clerical error led to the omission of pages two and three of the States amended motion to adjudicate when the record was initially requested. A supplemental clerks record, which includes the omitted pages, clarifies that the amended motion to adjudicate did contain several grounds of community supervision allegedly violated by Simmons. Therefore, we overrule Simmons sole issue.
We affirm the trial courts judgment.
Bailey C. Moseley
Justice
Date Submitted: August 15, 2011
Date Decided: August 16, 2011
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