Opinion
05-23-00551-CR 05-23-00552-CR05-23-00553-CR
10-13-2023
BRANDON WILSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F21-58250-N, F21-58253-N, F21-58254-N
ORDER
NANCY KENNEDY, JUSTICE
We VACATE this Court's order of October 9, 2023, in cause number 05-23-00552-CR, which ordered the district clerk to file by October 24, 2023, a supplemental clerk's record containing a copy of the trial court's judgment.
In cause numbers 05-23-00551-CR and 05-23-00553-CR, the clerk's records filed October 11, 2023, are incomplete because they do not include the judgment of conviction with imposition of sentence on March 30, 2023. In cause number 05-23-00552-CR the clerk's record filed October 5, 2023, is incomplete because it does not include the judgment of conviction with imposition of sentence on March 30, 2023. However, in each case, the district clerk's website shows the judgment appears to have been prepared on the incorrect form and contains errors apparent from the clerk's record. The judgment in each case is styled, "Judgment of Conviction by Court-Waiver of Jury Trial," but the clerk's record includes jury charges and verdicts for appellant's guilt and punishment. Also, the judgment in each case states, "Terms of Plea Bargain (if any):" followed by the number of years of the sentence imposed, but the verdict in each case shows the jury assessed the defendant's punishment. Any clerical errors may be corrected in a judgment nunc pro tunc using the correct form for the judgment and correcting any errors in the judgment.
Accordingly, we ORDER the trial court, in each case, to review the record and sign a judgment nunc pro tunc on the correct form and containing the correct information within FIFTEEN DAYS of the date of this order.
We ORDER Felicia Pitre, Dallas County District Clerk, in each case, to file a supplemental clerk's record containing the trial court's judgment nunc pro tunc within FIFTEEN DAYS after the trial court signs the judgment nunc pro tunc.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; Felicia Pitre, Dallas County District Clerk; and counsel for all parties.
We ABATE these appeals for the trial court to comply with this order. The appeals will be reinstated when the Court receives the supplemental clerk's records containing the judgment or at such other time as the Court deems appropriate.