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Here's what I've got. An assault - domestic violence case where the defendant was previously charged and pled to an assault by contact - family member. Linking the defendant to the class C assault is not an issue, but the twist is this: the defendant entered a nolo plea to the Class C, but the Judge never made a finding of guilt on the judgement, the space was left blank.
22.01(b)(f) says a final conviction occurs if adjudged guilty or enters a plea of guilty or nolo IN RETURN for deferred adjudication..... Is it my interpretation, or does a nolo plea to a class C without a finding of guilt not fit into this section, since the nolo plea was not done in return for a deferred adjudication. The defendant ended up paying $400 in fees. Haven't found much out there in the case law on this particular issue either.
 
Posts: 12 | Location: Amarillo | Registered: March 25, 2008Reply With QuoteReport This Post
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Sounds like an incomplete judgment. Remember, the judgment is just a piece of paper reflecting the actions of the court. If something was left out, you can ask the court to execute a judgment nunc pro tunc to correct the paperwork. If that is the only problem, and the judge corrects the paperwork to reflect a conviction, your problem is solved.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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