Court of Criminal Appeals of Texas
Ex Parte Gerald H. POE
June 8, 19881988 Tex. Crim. App. LEXIS 124
Summary
The Court affirmed the denial of the applicant's writ of habeas corpus, holding that the trial court was authorized to enter a judgment nunc pro tunc to correct the clerical omission of a required affirmative deadly‑weapon finding, and that the original judgment’s recitation of "Murder, to‑wit Handgun" did not satisfy the statutory entry requirement. Justice Clinton dissented, arguing that the jury verdict does not constitute an affirmative finding and that the majority’s correction exceeds the trial court’s authority.