Seals, Erich Stockley ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,206-03
EX PARTE ERICH STOCKLEY SEALS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13-16894-C IN THE 252ND DISTRICT COURT
FROM JEFFERSON COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated assault causing bodily injury and sentenced to 25
years’ imprisonment. The Ninth Court of Appeals affirmed his conviction. Seals v. State, No. 09-15-
00191-CR (Tex. App.–Beaumont, Aug. 10, 2016). Applicant filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX .
CODE CRIM . PROC. art. 11.07.
The trial court made findings of fact and conclusions of law. The court’s findings and
conclusions are supported by this Court’s independent review of the record. In part, however, the
trial court recommends that this Court modify the judgment to correct a clerical error. Matters which
may be raised and resolved by nunc pro tunc proceedings should not be considered by way of writ
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of habeas corpus. See Ex parte Pena, 71 S.W.3d 336, 336-337 (Tex. Crim. App. 2002). A trial court
retains the power to enter a nunc pro tunc order correcting any “clerical error” in the judgment.
Alvarez v. State, 605 S.W.2d 615, 617 (Tex. Crim. App. 1980). Therefore, the trial court has
authority to enter a nunc pro tunc judgment in this case. Id.We deny relief.
Filed: OCTOBER 19, 2022
Do not publish