TDCAA Community
22.01(b) enhancement?

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2671061881

March 19, 2009, 14:15
J
22.01(b) enhancement?
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.
March 19, 2009, 15:34
JB
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.