Have an issue I could use some help with. I have an Order signed by the Court during a plea agreement which is void on its face. The Court's oral pronouncement was correct and proper, but the Order signed was the wrong one inadvertently prepared for the case. Hoping to fix with a Nunc Pro Tunc, but getting some conflicting opinions.
Anyone with any experience with NPTs in this vein mind giving my an e-mail? Rather not get into the specifics here.
Here's a bit that I copy/pasted from a brief I wrote recently. It sounds like your error is just a clerical one, and should be corrected by a nunc pro tunc. The oral pronouncement of sentence should control over the erroneous judgment. Maybe this will help you out:
"A judgment nunc pro tunc may not be used to correct judicial errors; i.e., those errors which are the product of judicial reasoning or determination. State v. Bates, 889 S.W.2d 306, 309 (Tex. Crim. App. 1994) (en banc). Instead, nunc pro tunc orders may be used only to correct clerical errors in which no judicial reasoning contributed to their entry. Id. A judgment may be “entered” nunc pro tunc if it was actually “rendered” but not recorded at an earlier time, but a judgment may not be “rendered” nunc pro tunc under any circumstances. Jones v. State, 795 S.W.2d 199 (Tex. Crim. App. 1990) (en banc). Plainly said, if the trial court’s error were a mere failure to record [defendant's] conviction on the judgment, that error could be corrected at any point. However, since the error here is a product of judicial reasoning or determination, a nunc pro tunc order is inappropriate and unavailable to Relator.
Because the act complained of by Relator in this case does not amount to a clerical error, but rather a judicial one, correction of that error would not fall in to the judgment nunc pro tunc category. See State v. Bates, 889 S.W.2d at 310 (explaining that nunc pro tunc not available to correct judicial error)."
I hope this helps. Feel free to send me an email if you need anything else.
Assistant Criminal District Attorney
Thanks to Dan and everyone else that reached out. We were able to get everything fixed via NPT and all is right with the world again.
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