Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Adrian Hernandez v. State
Citation: Not availableDocket: 03-07-00161-CR
Court: Court of Appeals of Texas; June 13, 2007; Texas; State Appellate Court
Original Court Document: View Document
Adrian Hernandez appeals a nunc pro tunc judgment related to his previous conviction for burglary of a habitation. The initial conviction occurred on December 6, 2006, when Hernandez pleaded guilty and was sentenced to ten years' imprisonment, contingent upon successful completion of a boot camp program. It was later determined that he was ineligible for this program. On February 23, 2007, the district court issued a nunc pro tunc judgment, correcting the sentence to ten years' imprisonment without the boot camp requirement. Hernandez filed a notice of appeal on March 6, 2007, referencing both the December and February judgments. The district court certified that this notice was untimely regarding the December conviction, asserting that Hernandez had no right to appeal from that judgment. According to Texas law, a notice of appeal must be filed within 30 days following the imposition of sentence or an appealable order. The court determined that the nunc pro tunc judgment was appealable, and Hernandez's notice was timely relative to that order. The appeal is limited to the propriety of the February 23, 2007 nunc pro tunc order, excluding any challenge to the December 6, 2006 conviction itself, as Hernandez did not perfect an appeal within the required timeframe for that judgment. The court abated the appeal and instructed the district court to submit an amended certification confirming that Hernandez's appeal is not part of a plea bargain and that he has the right to appeal. An amended certification must be provided within ten days.