Case Information

*1 12th Cenit of Appol Mace-15-2015 Clerk

Dear Clerk Would you please present the Mention for Writ of Mandamus to the Cenit And these postment of the Didie Benignis Defendate Motion to set aside the Judgment of Guilt And sintance Motion for new tist Aircest Judgment And Motion for Judgmeat Winc As Tunc. And the Motion To Enter Judgmeat winc for tunc Didie that was filed on 1-19-2015 to the 7th District Cenit. I do not bave any Crop of the Didie. Thark you tiv your Time in this matter

FILED IN COURT OF APPEALS 12th Court of Appesia District MAR 192015 TYLER TEXAS CATHY S. LUSK, CLEAK

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*3 In the Court of Appeal Twelfth Count of Appeal District Tob. Tr.

Relator: Jody Ford McCreans, V. Respondent Judge Kers. L. Russel. In the 7th District Court of Smith County Cause No. 007-1/10-10

FILED H: C: J: J: J: APPEALS 12th C: L: J: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1: 1

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On May-9-2012 The Court of Appeal denied the appeal for want of Jurisdiction. On Sannary 192015 Relator filed a second Motion to enter Judgement wane pro Tunc order. Texas Rule Appellate procedure Rule 36 (a) In the 7th District Court of Smith County Where the Judgment of Convictim indicated that on Sannary-13-2011, that the defendant Jody Ford Mccleang Plen Juillg to the offense of Tampering with evidence. When in fact that Relator Jody Ford Mceleang did not plen Juillg to the offense of the Tampering with evidence and the Respondent Judge Korg L Russel have not enter affirmative finding into the Judgment wane pro Tunc order, that was filed on Sannary-19-2015 and on March-15-2012 in the 7th District Court of Smith County. The purpose of a wune pro Tunc order, is to Correctly reflect from record of the Court a judgment actually made by it but which for some reason was not entered of record at the proper time Exparte Depos 723 S.W 2d 669 (Te. Ccim Apr 1936) Alvarez-V state 605 S.W 2d 651 (Te. Ccim Apr 1930) A Judgment may be reformed so as to show the offense of which the accused was found Juillg by a Court and Jurg Hughes-V state 493 S.W 2d 166, 170 (Te. Ccim Apr 1973) A Wune pro Tunc order may correct clerical error in a judgment but not -Judicial ommission Depos 723 S.W. 669.

*5 A Clerical error is one does not result from judicial reason or determination Alvarez 605 S.W. 2d 615 Finds: the Clastification of an error a Clerical or is a question of Law I.d.

11 Innisdiction The 12th Count of Appeal have jurisdiction to issue a mandamus an order to Compel the respondent Suffer Kors: E. Kusset to enter affirmative findion into the judgment Nunc In Tunc Ten Rule Appetite procedure Rule X (al sec Ross 953 S.W. 2d 748, 755, 757, 759, 761) (Original proceedings) the Count review an order erenting a Metin Nunc In Tunc and hold that the failure of a trial Count to do an act that is mantent is a Clerical error as opposed to. an error of judicial reason. the Count reasured that because the action was mandates in nature a wilt of Mandamus could be sought to require a judge to enter his written Judgment see Exposte Pee 751 S.W. 2d 872876 (Tee Ciiin Apr 1989) Holding in Connection with judgment Nunc Pro Tunc's that when a Count has no discretion on matter when it is other Work to Comply is Considern a Clerical error no judicial is required.

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PRAXER

Wherefore Relater pres to the Caut of appeal that the Atitian for a wirt of Mandamas with Driat to Surport will be Granted.

1. Therefore it is order to Compol the respendent Sube keeg. L. Karros to affirmative finfing into the Sudgmeat Nunc Pro Tunc Order. ont
2. Order that the 7M District Court bench Warrant and biring Relater Jody Feid mecteasy before the Court of the beaing of the Sudgmeat Nunc pro tunc. and
3. order that the 7M District Cunt to appoisted attarnes to repersent the relator for a bearing of Sudgmeat Nunc Pro Tunc. Order On March 26 2015

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CAUSE NO. 007-1110-10

THE STATE OF TEXAS

VS.

JODY FORD MCCREARY

IN THE $7^{\text{TH}}$ JUDICIAL

DISTRICT COURT IN AND FOR SMITH COUNTY, TEXAS

ORDER DENYING DEFENDANT'S MOTION TO SET ASIDE THE JUDGMENT OF GUILT AND SENTENCE, MOTION FOR NEW TRIAL ARREST JUDGEMENT AND MOTION FOR JUDGEMENT NUNC PRO TUNC

On the ${22}^{\text{nd}}$ day of March, 2012, the above-entitled and numbered cause came before the Court for the purpose of Defendant Jody McCreary's Motion to Set Aside the Judgment of Guilt and Sentence, Motion for New Trial Arrest Judgment and Motion for Judgment Nunc Pro Tunc filed on March 15, 2012. The Court takes judicial notice of the Court's file herein and the evidence presented.

The Court finds that Defendant Jody McCreary's Motions should be DENIED. IT IS THEREFORE ORDERED that Jody McCreary's Motion to Set Aside the Judgment of Guilt and Sentence, Motion for New Trial Arrest Judgment and Motion for Judgment Nunc Pro Tunc are DENIED.

IT IS SO ORDERED. Signed on this the 22nd day of March 2012. cc: Jody Ford McCreary TDCJ# 01694118 William G. McConnell Unit 3001 South Emily Drive Beeville, TX 78102

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