Case Information
*1 Cquse No. W9-83,666-01 V3, Lolel 302 COURT OF CRAAMMAL APPRENENT OF CRIMINAL APPEALS H. JUSTIN, TEXAS SEP 162015
JNKE JSPAEL LAPY, Te, FOLADEMALAcosta, Clerk v.
HONnGable D
*2
To the youngable court of ypperls:
Foalate, espositully submit this his fettion toe wiet of Afandamus, to compel Tacke Duyitt Feschel in the 25th, Tuclical Disteict Louet Disted Count in Cundalype County, Texas, to issue in 'OQDES'Compolling the Fespondent to correct the clerical eceor in his judgment in this cause of fotion.
I. FELIEF DOUGHT
Foalate in this cause of action this this his application toe wiet of Afandamus, because he has 'NO'athee eomedy of Law. The not cougtt by Foalate to be compelled is a ministein duty, "NOT"disceetronney in nature. The term couet has the authority to issue in OQDES' to make the necessary correction in this wiod sentence.
II. Issues PResented
Fespondent Joel Fosto in his affical capacity as the Cleet of the Couet of Cerminal Appents of fustin, Texas, has a ministeinl duty to receive and file 'HE' pipes in a cerminal peoceding, and pueform 'HE'othee duties imposed on the cleet by law, pursuant to TEX. Code Dem. Facc., 18th 2.21; TEX. F. App. 23.2, and is responsible for teansmitting to the convincing couet undere said cause number, a copy of the MOTION FONNWU PRO TUNG, any answce filled and ceatificate reciting the ditte whon Foalate's motion was filled.
*3
To date Fyelatre has recerved 'NE' response from the Louet of Dem. mal Appoals at Quston Towns, or the convicting court, regarding Fyelatars matan to make the Necessary corrections m his void son tance, or my mesnore fited, and a coetificate reciting the date upon which that findings was made by the convicting court. As st is closely teem Fyela. tars mation, he has put the Fespondent an notice that he seeks the ctection of the void son tance, based on his unlandful reetien ints.
III. THE FACTS NECESSARY TO UNDERSTAND THE ESSUE PRESENTED
The Louet of Appoals has yeredictent to essue a tleet of Mandamus aganist a Disterct claat. Disterct County Tudge or County Louet Tudge in their egspected cisterct, and they may essue 'Alc' worts necessary to enforce their yuessdiction. See TEX. Coor't Code fun. $ 822.221 (A) (Veenon 1988) and 22.221 (B) (Veenon Supp. 1999). If the tein count desivas the mation foe Nume P90 Tune or fails to respond, retiot may be sought by filing in application foe tleet of Mandamus via Louet of Appoals.
Theatere, a Nune peo ture judgment is appropriate to correct cleneval eekers in a judgment, a cleneval eekere is one 'in which NU' judicial eeksoning contrebated to [stis 7 entey, and foe seove eexson [was 7 an eekenseous application of Can. 'Stute v. Bates, BB95. w. 22306. 309 (Tex. Dem. App. 1999); this see TEX. P. App. P. 23.2. Nune P90 Tune.
IV. THE PERSON WHY THE WBIT SHOULD ISSUE
The motion foe judgment Nune peo ture undue the quibberty of TEX. P. App. P. 23.2, may be usad to erase a claim foe pes-santance time Page
*4
Creedits, of Gelatue Mlagos that he is entitled to the eol of sought, because he would have a enelue edegose state, and his contance was extended past his pejected edegose state. As a general rule, when the oed peonowcement of cantance and wetten judgment of thee, the oed peonowcement contends. Expeate Flusems, 1765. w. 30 818.921 (Tex. Lem. 1992005), see 950 Expeate Thompson, 2735. w. 32177,178 n. 3, and the wetten judgment way, the oed peonowcement contends and the wetten judgment can be corrected via NUNE PRO TUNE.
PRAYER
WHEREFACE, PPEENSES CONSIDERES Gelatue, expeatfully request a finding that Respondent did 'We't temsont the moton for judgment NUNE people tunc to the convicting court. Regarding Gelatues motion, we my mower find and a certificate reciting the state upon which that finding was made by the convicting court. Gelatue request my and HE' ecict mwhich he is entitled in its entiecty.
Respectfully Submitted xIsraelCXara
CERTIFICATE OF SEZVICE
- TOTAEL LARA*1674995, do heeely confity that a tane and Creelot copy of the foregoing Petition the Nert of A handeous, as being placed in the U.S. Myal postage peopord on the 14th day of September 2015.
Page 4 - 4 - 5
*5
fobdressed to:
Abel yostaf Cleet Court of Cerminal Appoids P.O. Box 12308
Justin, Texas 78711 Debra Lewy Cleet cunatalupe County Disterct Cleet 101 E. Court Street, Rm. 308 Sequin, Texas 78155
3
Dwight Peschel/ Tudge 25th Tidelial Disterct Court 101 E. Court Street, Rm. 308 Sequin, Texas 78155