Opinion
13-24-00282-CR
05-28-2024
IN RE JORGE ARELLANO
Do not publish. TEX. R. APP. P. 47.2 (b).
ON PETITION FOR WRIT OF MANDAMUS
Before Chief Justice Contreras and Justices Longoria and Peña
ORDER
PER CURIAM
Relator Jorge Arellano filed a pro se petition for writ of mandamus asserting that: (1) the trial court lacked authority to sign a judgment nunc pro tunc because the error sought to be corrected was judicial rather than clerical in nature; (2) the trial court never provided relator with an opportunity to be heard before signing the February 1, 2024 judgment nunc pro tunc, thus violating relator's due-process right to be heard; (3) the trial court lacked authority to modify relator's sentence once it lost plenary power; and (4) the trial court has not honored the mandate issued by this Court in our appellate cause number 13-07-00356-CR. Relator's contentions arise from trial court cause number 06-CR-770-E in the 357th District Court of Cameron County, Texas. Relator has previously filed a petition for writ of mandamus from this same trial court cause number, see In re Arellano, No. 13-24-00101-CR, 2024 WL 515459, at *1-4 (Tex. App.-Corpus Christi- Edinburg Feb. 9, 2024, orig. proceeding) (mem. op., not designated for publication), and has filed an appeal from this same trial court cause number which is currently pending in our appellate cause number 13-24-00131-CR.
This Court requests the real party in interest, the State of Texas, acting by and through Luis V. Saenz, the District Attorney of Cameron County, Texas, to file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See Tex. R. App. P. 52.2, 52.4, 52.8.