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in Re Sylvester Lee MacK A/K/A Sylvester MacK

Citation: Not availableDocket: 02-07-00123-CV

Court: Court of Appeals of Texas; June 20, 2007; Texas; State Appellate Court

Narrative Opinion Summary

In this case, the relator sought a writ of mandamus to compel the trial court to amend the classification of his offense from a second-degree felony to a state jail felony. The relator was originally convicted for possession of less than one gram of cocaine, a state jail felony, but the judgment incorrectly classified the offense as a second-degree felony due to enhanced punishment from prior felonies. The trial court denied the relator's motion for a nunc pro tunc judgment, which is intended to correct clerical errors rather than judicial decisions. The relator argued that the trial court's refusal constituted an abuse of discretion since the incorrect classification was a clerical error. The appellate court agreed, noting that the original classification of the offense should remain unchanged despite the enhanced punishment. Consequently, the court conditionally granted the writ, instructing the trial court to amend the judgment to reflect the correct classification as a state jail felony. The court emphasized that such correction was a ministerial act requiring no discretion, and thus, mandamus relief was appropriate. Additional relief sought by the relator was denied.

Legal Issues Addressed

Abuse of Discretion by Trial Court

Application: The appellate court found that the trial court's refusal to correct the classification of the offense constituted an abuse of discretion, as it failed to amend a clear clerical error.

Reasoning: Since Mack had no adequate remedy at law and the trial court's refusal to correct the record constituted a clear abuse of discretion, the court conditionally granted the writ of mandamus.

Classification of Offense in Judgment Records

Application: The court determined that the classification of the offense in the records should reflect the original conviction of state jail felony, despite enhanced punishment due to prior convictions.

Reasoning: Relator was convicted of a state jail felony, with two prior felony convictions enhancing his punishment, but this enhancement did not change the classification of the offense.

Ministerial Acts and Mandamus Relief

Application: The court ruled that correcting the judgment to reflect the proper classification was a ministerial act and granted conditional mandamus relief, mandating the trial court to make the correction.

Reasoning: The trial court abused its discretion by denying relator's motion for a nunc pro tunc judgment to correct the degree of offense to state jail felony. The court conditionally granted mandamus relief, instructing the trial court to amend the judgment accordingly.

Nunc Pro Tunc Judgments

Application: The court highlighted the purpose of a nunc pro tunc judgment as a tool to correct clerical errors, not judicial decisions, and applied this principle to correct the erroneous classification in Mack's case.

Reasoning: The purpose of a nunc pro tunc judgment is to rectify clerical errors in the court's records, not to alter judicial decisions.