Court of Civil Appeals of Texas, 2013

in Re Erick Andika

in Re Erick Andika
Court of Civil Appeals of Texas · Decided November 12, 2013

in Re Erick Andika

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00391-CV

IN RE ERICK ANDIKA RELATOR

------------ ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION1 ------------ The court has considered relator’s “Petition For Writ of Mandamus to Correct an Illegal Sentence” and is of the opinion that relief should be denied.2 Accordingly, relator’s petition for writ of mandamus is denied.

PER CURIAM PANEL: WALKER, DAUPHINOT, and MCCOY, JJ.

See Tex. R. App. P. 47.4, 52.8(d).

Our denial of mandamus relief does not preclude relator from seeking relief on his claim of an illegal sentence through a properly-raised article 11.07 writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2013); see also Ex parte Rich, 194 S.W.3d 508, 511 (Tex. Crim. App. 2006) (“We have long held that a claim of an illegal sentence is cognizable on a writ of habeas corpus.”).

DELIVERED: November 12, 2013

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