Homan v. Hughes

OPINION

MILLER, Judge.

Applicant seeks to invoke this Court’s original jurisdiction to issue writs of mandamus and certiorari pursuant to Article 5, Sec. 5 of the Texas Constitution and Article 4.04, V.A.C.C.P.

Applicant is presently serving a life sentence at the Texas Department of Corrections for the offense of aggravated robbery. Applicant contends that respondent entered a “Probation Order and Deferred Adjudication of Guilt Nunc Pro Tunc” judgment improperly in that respondent did so ex parte, without allowing petitioner an opportunity to be heard. The procedural facts are as follow.

Applican…