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in Re Rene Rivas Jr.
Citation: Not availableDocket: 13-16-00337-CR
Court: Court of Appeals of Texas; July 11, 2016; Texas; State Appellate Court
Original Court Document: View Document
Rene Rivas Jr. filed a petition for writ of mandamus on June 27, 2016, seeking to compel the trial court to issue a nunc pro tunc judgment to correct his conviction record with the Texas Department of Criminal Justice, which he claims inaccurately reflects a conviction for aggravated sexual assault, impacting his parole eligibility. Rivas was previously convicted in case number 09-CR-856-D in the 103rd District Court and has a history of appeals related to his convictions for assault and sexual assault. To obtain mandamus relief, a relator must demonstrate: (1) the absence of an adequate remedy at law, and (2) that the act sought to be compelled is ministerial. The State of Texas, represented by the Cameron County District Attorney, responded, asserting that the trial court had denied Rivas’s motion for nunc pro tunc judgment on June 30, 2016, and that the original judgment accurately reflected his convictions for lesser included offenses. After reviewing the petition, the response, and the record, the Court concluded that Rivas did not meet the criteria for relief and subsequently denied the petition for writ of mandamus. The decision was delivered on July 11, 2016.