Opinion

In Re Cherry

  • 258 S.W.3d 328
  • 2008 Tex. App. LEXIS 5218
  • 2008 WL 2736906
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Jul 10, 2008
Status
Published
Author
Pemberton
On the bench
Law, Puryear, Pemberton
Cited by
29 cases

stating that absent motion to revoke and issuance of capias, “a trial court has no jurisdiction to modify community supervision after the supervision term has expired” and holding that trial court “lacked jurisdiction to do anything further in this case other than to discharge Cherry from probation”

How later courts described this case

  • stating that absent motion to revoke and issuance of capias, “a trial court has no jurisdiction to modify community supervision after the supervision term has expired” and holding that trial court “lacked jurisdiction to do anything further in this case other than to discharge Cherry from probation”
  • explaining that a “nunc pro tunc order can only be used to make corrections to ensure that the judgment conforms with what was already determined and not what should have been determined”
  • finding judicial, not clerical, error when trial court ordered period of supervision to start on October 18, 2004, although court may have meant for period to start on October 18, 2005
  • conditionally granting mandamus in response to trial court’s granting of judgment nunc pro tunc, which was held to be void

Written by the judges who cited it.

The opinion

BOB PEMBERTON, Justice,

dissenting.

For reasons stated in the panel’s opinion on original submission, I would deny the amended petition for writs of mandamus and prohibition and dismiss as moot the motion for temporary relief.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.