Waggoner, Jason Kelly

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. WR-70,582-01


EX PARTE JASON KELLY WAGGONER, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F42260 IN THE 249TH DISTRICT COURT

FROM JOHNSON COUNTY


Per curiam.

O R D E R



Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of failing to comply with sex offender registration requirements and was sentenced to two terms of five years' imprisonment. He did not appeal his convictions.

On September 24, 2008, we remanded this application and directed the trial court to determine whether the inclusion of a provision in the judgment relating to driver's license and identification requirements for certain sex offenders, see Tex. Code Crim. Proc. art. 42.016, was a clerical error or the product of judicial reasoning. On remand, the trial court found that the inclusion of this provision in the judgment was a clerical error. Accordingly, this application is denied on the findings of the trial court. Applicant may, however, file a motion in the trial court for judgment nunc pro tunc and request that this provision be removed from the judgment.





Filed: November 19, 2008

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