2008 D pleads guilty; plea accepted & set off for punishment; sentenced to 10 deferred. No written waivers or admonishments in file. Record from 1st hearing DA says "We'll take care of the later" and court proceeds. Punishment hearing no record -- visiting reporter cannot locate notes. Notjing new in court's file. Judgment recites Defendant was admonished & waived. placed on deferred. 1st MTP no one caught it. D extended and continued. 2nd MTP ditto. 3rd MTP seeking pen time -- new attorney, DA, and Judge. Validity of judgment in issue. Statute of limitations has run. If we conceed judgment invalid, what do we do to get it back on the docket as though there had been no prior judgments, or can we?

Without looking anything up, I would say that you as the prosecutor would proceed forward on your MTR until the defense files a motion or writ, whichever is appropriate, alleging improper admonishments, etc. If that was granted, it would put you back in the position of having a pending indictment. You would not have a statute of limitations problems because the case was indicted timely. The granting of the motion/writ would serve to put you back in your original, pre-trial position and onto whatever docket was applicable.