Opinion

Fitch v. State

  • 378 S.W.2d 313
  • 1964 Tex. Crim. App. LEXIS 951
Court
Court of Criminal Appeals of Texas
Filed
Mar 25, 1964
Status
Published
Author
Morrison
On the bench
Woodley, Morrison
Cited by
2 cases
Authority
More cited than 8.0%

The opinion

*315 ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

Appellant, m addition to moving for a rehearing, has made application to this Court for a writ of certiorari directed to the trial court requiring him to forward to this Court a corrected transcript showing that appellant in fact entered a plea of not guilty instead of a guilty plea. The trial court is powerless to enter any such order while this case is on appeal in this Court, and hence, we would be without authority to grant the writ. Parker v. State, 169 Tex. Cr.R. 583, 336 S.W.2d 431 .

Appellant’s motion for rehearing is overruled without prejudice to his right to secure, if he can, the entry of a judgment nunc pro tunc by the trial court from which he might again appeal to this Court. Parker v. State, 170 Tex.Cr.R. 570 , 342 S.W.2d 764 .

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.

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