Court of Criminal Appeals of Texas

Jeremy Paul Collins, Appellee v. the State of Texas

November 21, 20072007 Tex. Crim. App. LEXIS 1673

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' decision that it had jurisdiction to hear the State's appeal of a judgment nunc pro tunc and that the trial court lacked authority to modify the judgment because no clerical error existed and the plea bargain controlled the back‑time credit. The majority held that the appellant waived his statutory right to additional pre‑sentence jail‑time credit, while Justice Holcomb dissented, arguing that the waiver was not explicit and the nunc pro tunc correction was proper.