An issue has come up from a plea in March, 2007. The plea documents (waivers, etc.) did not include any language re: a pending civil forfeiture case. However, the judgment includes a provision that the defendant waived their interest in the property that was subject to a chapter 59 forfeiture. I have reviewed the reporter's record of the plea, and there was no mention of the civil forfeiture action or waiver of the defendant's interest in the property. The prosecutor who handled the case is no longer with our office, but the notes reflect that the civil forfeiture was not part of the plea bargain. So, what is the best way to correct the judgment to remove the reference to the waiver of interest in the property (cash)?

Nunc Pro Tunc? You are correcting a clerical error in the judgment so as to cause it to reflect the original agreement as dictated in the plea papers and the court proceedings. There is no time requirement on when you can correct an error via nunc pro tunc. We do it all the time when there is a time credit issue/typo/whatever.

Dan - thanks. That is what I was thinking, but wanted to see if there was anything I was missing.