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 aggravated sexual assault and sentenced to four (4) years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because he did not plead guilty to aggravated sexual assault but rather he pleaded guilty to indecency with a child. The State responds that Applicant's claim of involuntary plea is without merit but acknowledges that the judgment does not reflect the agreement of the parties. In accordance with the terms of the plea agreement, Applicant pleaded guilty to the lesser offense of indecency with a child. However, the judgment contains a clerical error reflecting that the offense of conviction is aggravated sexual assault. The State recommends that the trial court enter an order nunc pro tunc to correct this error, or that this Court enter an order modifying the judgment.

A writ of habeas corpus does not lie to correct an inaccurate judgment. The proper mode of correction is a nunc pro tunc motion and order. Accordingly, this application is dismissed. Ex parte Pena, 71 S.W.3d 336, 337 (Tex. Crim. App. 2002).

Filed: January 10, 2007

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