Escamilla, Ex Parte Steven ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 74,914

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EX PARTE STEVEN ESCAMILLA, Applicant

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ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NUMBER 723733 IN THE 185^th JUDICIAL DISTRICT COURT

OF HARRIS COUNTY

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   Per Curiam.

OPINION

This is an application for a writ of habeas corpus which was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a habitation and sentenced to fifteen years imprisonment. No direct appeal was taken.

The instant application for writ of habeas corpus was originally filed and set for submission to determine whether Applicant's offense, a first degree burglary of a habitation committed on May 25, 1996, renders him ineligible for release to mandatory supervision. However, subsequent to the entrance of this Court's order, documentation was received from the trial court which reflects that, due to a clerical error, the Applicant's offense was listed incorrectly on his judgment. The trial court has entered a judgment nunc pro tunc correcting Applicant's judgment so that the offense listed is a first degree burglary of a habitation with intent to commit sexual assault. As this offense is one of the enumerated offenses listed as mandatory supervision ineligible under tex. gov't code 508.149, the Applicant is not entitled to release to mandatory supervision.

Relief is denied.

Date Delivered: December 15, 2004

DO NOT PUBLISH