In preparing for the hearing on the motion to set aside a misdemeanor theft, I found an order in the file with the following language. No, I never saw it before.
"It is therefore considered, ordered and adjudged that the judgment of conviction heretofore entered in the following causes be and the same is hereby set aside, that the complaint and information is hereby discharged from probation as of the day and year set after their name, and the defendants are hereby released from all penalties and disabilties resulting from the judgment of conviction heretofore entered."

Yes, I have typed it correctly, and there is no "following" cause listed. I thought I was a competent attorney, but much of this paragraph makes no sense to me - we are talking a single defendant, misdemeanor theft with regular probation. I'm thinking a motion to set aside...or is this poorly enough drafted not to even need that? And - - what, if anything, did it accomplish?

Lisa L. Peterson
Nolan County Attorney

It looks 42.12 Section 20 "Judicial Clemency" order to me.

As I read 42.12 sec 20, the attorney for the state is to be notified prior to conducting the review - is that failure adequate for a motion to set aside?

Lisa L. Peterson
Nolan County Attorney

It might be worth a try. Take a look at
Moore v. State, 2008 Tex. App. LEXIS 3174 (Tex. App. Beaumont Apr. 30, 2008), because the court may lack jurisdiction to correct the order.