Lucio, Norberto Ahumada

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-80,363-03

EX PARTE NORBERTO AHUMADA LUCIO, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 09-CR-2611

TH

IN THE 357 DISTRICT COURT FROM CAMERON COUNTY

R ICHARDSON, J., filed a concurring statement.

CONCURRING STATEMENT

There is no dispute that Applicant is entitled to relief in the form of a corrected nunc pro tunc judgment. Over a year ago the trial court acknowledged that it was going to correct the clerical error in Applicant’s judgment to reflect one conviction for third degree felony theft. We have again issued an order to the trial court to provide this Court with a corrected nunc pro tunc judgment and to provide a copy to the Texas Department of Criminal Justice – Correctional Institutions Division.

Matters which may be raised and resolved by nunc pro tunc proceedings should not be considered by way of writ of habeas corpus. Ex parte Ybarra, 149 S.W.3d 147- 148 (Tex.

Crim. App. 2004); Ex parte Pena, 71 S.W.3d 336, 336-37 (Tex. Crim. App. 2002).

Applicant’s clear right to relief in this case must be achieved through the trial court’s issuance of a third nunc pro tunc judgment. However, I feel compelled to provide some guidance to the Applicant should the trial court continue to ignore requests for a corrected nunc pro tunc judgment. If the convicting court fails to issue a corrected nunc pro tunc judgment, the Applicant is entitled to seek a writ of mandamus to the appropriate court of appeals to compel the convicting court to rule. Ex parte Deeringer, 210 S.W.3d 616, 617-18 (Tex. Crim. App. 2006).

FILED: March 18, 2015

DO NOT PUBLISH