Ex Parte Gerald H. POE

Summary

The Court affirmed the denial of the habeas corpus petition, holding that the trial court properly used a judgment nunc pro tunc to insert the required affirmative finding that a deadly weapon was used, correcting a clerical error. The Court reasoned that the jury’s verdict established the factual finding and the statute mandates only a separate entry in the judgment. Judge Clinton dissented, arguing that the statutory process requires a distinct finding that the weapon was a firearm and that the trial court’s amendment was not merely clerical.