Durham, Jerome Dupree ( 2014 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS  

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WR-63,905–13

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Ex parte JEROME DUPREE DURHAM, Applicant

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On Application for Writ of Habeas Corpus from

Navarro County

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Womack, J., filed a concurring statement in which Johnson and Alcala, JJ., joined.

            I join the Court’s order. I write only because of the recommendation of the judge of the convicting court that we grant relief, which I think deserves a response.

            It is my understanding that our dismissal does not prevent (1) the convicting court’s entering a judgment nunc pro tunc if there was a clerical error in the entry of the cumulation order or (2) the applicant’s seeking relief through a writ of mandamus if there was an error in judicial reasoning and the merits of the issue are beyond dispute (see Nevue v. Culver, 105 S.W.3d 641, 642 (Tex. Cr. App. 2003)).

Filed May 21, 2014.

Do not publish.