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IN RE GOMEZ

No. 03-08-00512-CV.

268 S.W.3d 262 (2008)

In re Jose Urrutia GOMEZ.

Court of Appeals of Texas, Austin.

September 16, 2008.

Attorney(s) appearing for the Case

Jacquelyn Christine Stewart, George William Lang II, State Counsel for Offenders, Huntsville, TX, for relator.

David A. Mendoza, Assistant District Attorney, Sherri Tibbe, Hays County District Attorney, San Marcos, TX, for real party in interest.

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

Jose Urrutia Gomez petitions for writ of mandamus to compel the district court to enter a nunc pro tunc order modifying his judgment of conviction to reflect back-time credit. For the reasons explained herein, we will conditionally grant relief.

On June 5, 2001, Gomez pled guilty to sexual assault of a child. The written plea agreement was memorialized in a form titled "Plea Bargain Agreement" that contained...

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