# In Re Cherry

> Texas Court of Appeals, 3rd District (Austin) · July 10, 2008 · 258 S.W.3d 328

URL: https://www.frixlaw.com/law-library/cases/9641209

## Case

- **Full name:** In Re Vanessa CHERRY
- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** July 10, 2008
- **Citations:** 258 S.W.3d 328; 2008 Tex. App. LEXIS 5218; 2008 WL 2736906
- **Precedential status:** Published
- **Opinion:** Concurrence by Pemberton
- **Judges:** Law, Puryear, Pemberton
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9641209

## How later opinions describe it (automated extraction)

- 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…
- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641209. Public record. Not legal advice.