Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of December 16, 2013

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Roots v. State, Nos. 02-12-00439-CR , 02-12-00440-CR   (Dec. 19, 2013)   (Livingston, C.J., joined by Gabriel, J.; Gardner, J., concurs without opinion).

Held:  The trial court did not err by signing a nunc pro tunc judgment to explicitly enter a deadly weapon finding. By convicting Appellant of aggravated assault with a deadly weapon under the circumstances of this case, the trial court had already made a deadly weapon finding. The code of criminal procedure required the trial court to enter that finding in its judgment, and the trial court's failure to do so in its original judgment was a correctable clerical error.

« Return to Case Summaries Home Page «