Opinion
WR-58,167-02
03-29-2023
EX PARTE JAMES EVERETT PRICE, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B-19-0075-CR IN THE 161ST DISTRICT COURT FROM ECTOR COUNTY
ORDER
PER CURIAM.
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. 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 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.