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.