MOTION OR WRIT DENIED Sep. 27, 2007: Opinion by Justice Puryear (Before Chief Justice Law, Justices Puryear and Pemberton)

In re James Lee Cinnamon--Appeal from 119th District Court of Concho CountyORIGINAL PROCEEDING FROM CONCHO COUNTY
M E M O R A N D U M O P I N I O N
The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
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David Puryear, Justice
Before Chief Justice Law, Justices Puryear and Pemberton
Filed: September 27, 2007

Nunc pro tunc attack on judgment following unsuccessful appeal rejected

In re Charles Flentroy, No. (Tex.App.- Austin, Aug. 13, 2007)(Opinion by Justice Puryear)(Before Chief Justice Law, Justices Puryear and Henson)(mandamus denial)

Appeal from 403rd District Court of Travis County

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Charles Flentroy has petitioned this Court for a writ of mandamus to compel the district court to act on his motion for a judgment nunc pro tunc in local cause number 3013664. Flentroy seeks to have a deadly weapon finding removed from the judgment. Flentroy's challenge to this finding was rejected on direct appeal. See Flentroy v. State, No. 03-02-00624-CR (Tex. App.--Austin Aug. 25, 2005, no pet.) (opinion on remand). The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).
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David Puryear, Justice
Before Chief Justice Law, Justices Puryear and Henson
Filed: August 13, 2007