ACCEPTED
06-15-00140-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/21/2015 4:40:58 PM
DEBBIE AUTREY
CLERK
IN THE COURT OF APPEALS FOR THE
SIXTH DISTRICT OF TEXAS AT TEXARKANA
FILED IN
6th COURT OF APPEALS
BRIAN K. MELTON, § TEXARKANA, TEXAS
APPELLANT § 8/24/2015 9:59:00 AM
§ DEBBIE AUTREY
Clerk
v. § Nos. 06-15-00140-CR
§
§
THE STATE OF TEXAS, §
APPELLEE §
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
FROM THE 354Tr-r JUDICIAL DISTRICT COURT
HUNT COUNTY, TEXAS
TRIAL CAUSE NUMBERS 20,572
THE HONORABLE RICHARD A. BEACOM, JR., JUDGE PRESIDING
NOBLE DAN WALKER, JR.
District Attorney
Hunt County, Texas
KELI M. AIKEN
First Assistant District Attorney
P. 0. Box 441
4th Floor Hunt County Courthouse
Greenville, TX 75403
kaiken(a),huntcounty .net
(903) 408-4180
FAX (903) 408-4296
State Bar No. 24043442
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
Relator has requested that the trial comi issue a nunc pro tunc judgment on
a case that occurred in 2001 some fourteen years ago. See Exhibit Bin Relator's
motion. The trial comi initially signed a judgment ordering that Relator serve a
twenty year prison sentence with 258 days credit for a crime that occurred only
one hundred and one days before the judgment was signed. The offer of 25 8 days
credit was intentional and pati of a plea bargain offered by the State. See Exhibit
E in Relator's motion. The trial comi honored that plea agreement and sentenced
Relator accordingly. Relator then challenged the judgments in a writ of habeas
corpus because he did not receive the full258 days credit from TDCJ-ID. See
Exhibit D in Relator's motion. The trial court entered findings of fact and
conclusions of law stating that Relator was entitled to 258 days credit and signed
a nunc pro tunc order changing the length of the sentence to allow for the full258
days credit to be given to Relator. See Exhibits E and F in Relator's motion.
Now Relator objects to the new judgment allowing for 258 days credit by
adjusting the overall length of his sentence from 20 years in prison with 258 days
credit to 19 years with 200 days credit- the judgment the comi entered in
response to the writ of habeas corpus in an attempt to give Relator the full benefit
of his plea bargain. The trial comi recognizes that a nunc pro tunc is authorized
to correct clerical errors and not to change the oral pronouncement of sentence
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rendered.
Regardless of whether the nunc pro tunc was the appropriate method of
attempting to give Relator the benefit of his initial plea, it is, and remains the trial
court's intention to render judgment in a way that allows for the full credit agreed
to in the original plea.
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CERTIFICATE OF COMPLIANCE OF TYPEFACE AND WORD COUNT
In accordance with Texas Rules of Appellate Procedure 9.4 (e) and (i), the
undersigned attorney or record ce1iifies that this response contains 14-point
typeface of the body of the brief and contains 326 words and was prepared on
Microsoft Word 2013.
/s/ Keli M. Aiken
KELI M. AIKEN
First Assistant District Attorney
P. 0. Box 441
4th Floor Hunt County Comihouse
Greenville, TX 7 5403
(903) 408-4180
FAX (903) 408-4296
State Bar No. 24043442
CERTIFICATE OF SERVICE
A true copy of this response will be mailed to Relator at his imnate address
provided on the unsworn declaration.
Is/ Keli M. Aiken
KELI M. AIKEN
First Assistant District Attorney
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in Re: Brian K. Melton
Combined Opinion