I have a situation where the (non-lawyer) County Judge and (former) County Attorney apparently used a deferred adjudication form in a DWI guilty plea some 9 years ago. The County Court does not use a court reporter. Now, we have indicted the same defendant for a felony DWI, using the prior that had the incorrect plea form. The CCH shows a conviction, and it is apparent the defendant and counsel intended to enter a plea of guilty. Question: Can the current County Judge enter a judgment Nunc Pro Tunc - nine years later? Do we need an affidavit from the County Judge that took the plea re: intended to enter a finding of guilt?
Any help would be appreciated.
Yes, you can seek a judgment nunc pro tunc, if the use of the wrong judgment form was merely a clerical error. Given the likelihood of the issue being raised during the felony DWI trial, you also should give defendant notice that you intend to seek the nunc pro tunc.
We've see this problem fairly often. Most judges will nunc pro tunc it. I have forms if you need 'em, but you should look at:
Williamson v. State, 46 S.W.3d 463 (Tex. App.--Dallas 2001, no pet.), which says that even a judgment that purported to put the defendant on deferred is sufficient under the statute.
[This message was edited by John Rolater on 03-25-02 at .]
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