Johnny Tatum, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 12, 2018
• Docket: 05-17-01456-CR
• Status: Published

Opinion

Dismissed; Opinion Filed January 12, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01456-CR

JOHNNY TATUM, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F93-54657-IJ

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart On January 4, 1993, Johnny Tatum, Jr. was convicted of possession with intent to deliver

cocaine and sentenced to twenty-five years. On December 15, 2017, appellant filed a “Motion to

Enter Nunc Pro Tunc Order” with this Court. In the motion, appellant states his judgment and

sentence in the trial court did not reflect “the proper and accurate credits on his sentence” and

asks us to issue a judgment nunc pro tunc. We dismiss this appeal for want of jurisdiction.

The purpose of a nunc pro tunc judgment is to provide a method for the trial court to

correct the record “when there is a discrepancy between the judgment as pronounced in court and

the judgment reflected in the record.” Blanton v. State, 369 S.W.3d 894, 897 (Tex. Crim. App.

2012); Alvarez v. State, 605 S.W.2d 615, 617 (Tex. Crim. App. [Panel Op.] 1980) (purpose of nunc pro tunc order is to correctly reflect judgment trial court actually made but which for some

reason did not enter of record at proper time).

Appellant seeks a nunc pro tunc of the trial court’s judgment. We do not have authority

to issue a nunc pro tunc judgment of the trial court’s judgment; only the court that rendered the

original judgment may issue a nunc pro tunc judgment. See Alvarez, 605 S.W.2d at 617.

We dismiss this appeal for want of jurisdiction.

/Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 171456F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHNNY TATUM, JR., Appellant On Appeal from the Criminal District Court No. 3, Dallas County, Texas No. 05-17-01456-CR V. Trial Court Cause No. F93-54657. Opinion delivered by Justice Stoddart, THE STATE OF TEXAS, Appellee Justices Lang-Miers and Fillmore participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered this 12th day of January, 2018.

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