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Click here for the full text of this decision FACTS:Kim Wayne Burden entered into a plea agreement where he pled guilty to robbery, without a deadly weapon finding. The trial court entered a judgment reflecting that agreement. When Burden got to prison, a social worker there told him that because his file implied that a weapon had been involved in the robbery, his case would be treated that way. Burden filed for a writ of mandamus to order the trial judge to order the negotiated plea agreement to be honored by the prison. HOLDING:Writ denied. The court rules that mandamus lies when a court violates a mandatory duty. Here, the trial court acted in accordance with the agreement and has not violated a mandatory duty, so the writ is denied. “Insofar as Burden may be complaining about the actions of jail administrators or the Texas Pardons and Parole Board in improperly considering matters that should not be considered because of the trial court’s failure to make a deadly weapon finding, this constitutes a post-conviction collateral attack that would lie under [T.R.Crim.P.] art. 11.07 with the Texas Court of Criminal Appeals.” OPINION:Carter, J.; Morriss, C.J., Ross and Carter, JJ.

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