IN RE: RONALD JOE WATERS RELATOR (2010)

MEMORANDUM OPINION1

Relator Ronald Joe Waters filed a petition for writ of mandamus in which he contends that he filed a motion for judgment nunc pro tunc in the trial court on October 15, 2009 asking the trial court to modify his judgment of conviction from the offense of sexual assault of a child to that of sexual assault and that the trial court has failed to modify the judgment.   In its response to Waters's petition, the State of Texas acknowledges that this court ordered the judgment to be modified to reflect a conviction of “sexual assault under Tex. Pen.Code Ann. § 22.011(a)(2)(c)” in our December 28, 1998 opinion on direct appeal of Waters's conviction and that it has found no evidence that the ordered modification has occurred.   See Waters v. State, No. 02-97-00641-CR (Tex.App.-Fort Worth Dec. 28, 1998, no pet.) (not designated for publication).

After considering Waters's petition and the State's response, we conclude that he is entitled to relief;  therefore, we conditionally grant his petition for writ of mandamus.   We are confident that the trial court will modify the judgment to reflect a conviction of sexual assault consistent with this court's December 28, 1998 opinion, and the writ will issue only if the trial court fails to do so.

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

PER CURIAM