Court of Civil Appeals of Texas, 2014

in Re Michael Hancock

in Re Michael Hancock
Court of Civil Appeals of Texas · Decided July 24, 2014

in Re Michael Hancock

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00223-CR ____________________

IN RE MICHAEL HANCOCK _______________________________________________________ ______________ Original Proceeding ________________________________________________________ _____________ MEMORANDUM OPINION Michael Hancock filed a petition for writ of mandamus to compel the trial court to correct the Penal Code section number on two judgments by issuing judgments nunc pro tunc. The trial court signed judgments nunc pro tunc after Hancock filed his mandamus petition. Nunc pro tunc judgments are appealable orders. Blanton v. State, 369 S.W.3d 894, 904 (Tex. Crim. App. 2012). “If an adequate remedy at law is available in the form of an appeal, it is an abuse of discretion to grant mandamus relief.” Alvarez v. Eighth Court of Appeals of Tex., 977 S.W.2d 590, 592 (Tex. Crim. App. 1998). Therefore, the petition for writ of mandamus is denied.

PETITION DENIED.

PER CURIAM

Submitted on July 10, 2014 Opinion Delivered July 24, 2014 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.

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