Shaw, Charles Lee ( 2008 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-23,457-03

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EX PARTE CHARLES LEE SHAW, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 962926 IN THE 183^RD DISTRICT COURT

FROM HARRIS COUNTY

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   Per curiam.

O R D E R  

   Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of cocaine weighing more than one gram and less than four grams. He was sentenced to twenty-five years' imprisonment. The First Court of Appeals affirmed his conviction. Shaw v. State, No. 01-04-01119-CR (Tex. App.-Houston [1^st], Jan. 12, 2006, no pet.).

Applicant contends that the jury charge was defective. The trial court entered findings of fact and conclusions of law and recommended that we deny relief. We agree that Applicant's complaint is without merit and, accordingly, it is denied.

We note that on the record before this Court Applicant was found guilty of possession of cocaine weighing more than one gram and less than four grams. The judgment states, however, that he was found guilty of possession with intent to deliver cocaine weighing more than four grams and less than 200 grams. If, as the record indicates, there is a clerical error in the judgment, Applicant may file a motion in the trial court for judgment nunc pro tunc.

Filed: October 29, 2008

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