I have a logistical question: Def. pleaded guilty in late 2007, agreeing to turn himself in to the jail on a specific date in Jan '08. Guess what! He failed to turn himself in and kept forgetting to turn himself in until April 2009. (Yes, he has pleaded guilty to Escape.) Now, what do we have to do, if anything, to ensure inmate does not get credit from the original date reflected on the J&S upon which he was supposed to surrender (Jan '08)? Nunc Pro Tunc doesn't seem right. Or is this just administrative paperwork handled by the jail? Our jail administrator is out of the office for a few days so I can't ask him. Thanks.
Would it be possible for the judge to sign and date an entry at the bottom of the judgment indicating that the defendant did not appear in 2007 and was not apprehended until April 2009?
Provides a good example why judge should not sign a judgment that hasn't yet been executed.
A similar issue arises when a defendant is out on bond pending appeal. Years can go by. If you don't change the judgment, after case affirmed, to reflect that defendant was NOT in custody following sentencing and notice of appeal, TDCJ is likely to just look at the face of the judgment and jump to the conclusion that the defendant sat in jail, earning credit during the appeal.
What do you do about the face of the judgment? I have a mandate that just came back. On the signing of the original judgment, the defendant went into custody and made the chain to TDC. He gave notice of appeal and requested an appeal bond be set. Was bench warranted back to county, judge set a bond and he was released. How do I make sure he does not get credit for the time on bond?
We did a nunc pro tunc judgment, changing the start date for the sentence and adjusting the credit. Then we contacted TDCJ to make sure they understood it.
Thanks. I'll do that!
If a defendant wants additional time to get his/her affairs in order and the judge agrees to it, we reset formal sentencing.
"additional time to get his/her affairs in order" generally equals "crime spree"
And put in the plea agreement that judge can go outside plea recommendation if defendant fails to appear at sentencing.
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