in Re Wade Byron Morgan ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00096-CR
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IN RE WADE BYRON MORGAN
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Original Proceeding
75th District Court of Liberty County, Texas
Trial Cause No. CR22130-B
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MEMORANDUM OPINION
In this original mandamus proceeding, Wade Byron Morgan asks this Court
to compel the trial court to enter a judgment nunc pro tunc. Morgan claims his
sentence is void because he was sentenced to serve thirty years in prison for a second
degree felony. Morgan has not shown that he was convicted under section
30.02(c)(2) and not section 30.02(d) of the Texas Penal Code. See generally Tex.
Penal Code Ann. § 30.02(d) (West 2019) (“An offense under this section is a felony
of the first degree if: (1) the premises are a habitation; and (2) any party to the offense
1
entered the habitation with intent to commit a felony other than felony theft or
committed or attempted to commit a felony other than felony theft.”).1
To obtain mandamus relief, Morgan must show that he has a clear and
indisputable right to the act sought to be compelled. Banales v. Court of Appeals for
Thirteenth Judicial Dist., 93 S.W.3d 33, 35 (Tex. Crim. App. 2002). Relator has not
demonstrated that he is clearly entitled to mandamus relief from this Court. See State
ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App.
2001) (holding that to demonstrate entitlement to a writ of mandamus, a relator must
establish that the trial court failed to perform a ministerial duty, and that relator has
no other adequate legal remedy). Accordingly, we deny relief on the petition for writ
of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on April 16, 2019
Opinion Delivered April 17, 2019
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
1
We cite the current version of the statute because subsequent amendments
do not affect our analysis.
2