context: Under many circumstances, however, a written judgment which does not accurately reflect the oral pronouncement of sentence is subject to correction via nunc pro tunc motion and order. There is neither need nor constitutional authority to raise an issue of an "inaccurate" or "incorrect" written judgment via habeas corpus.
citation_a.signal: see also
citation_a.identifier: 228 S.W.2d 864, 866-67
citation_a.parenthetical: judgment may be held "void for want of a definite punishment having been in fact assessed," but if "a definite punishment was assessed and the entry of a judgment showing otherwise was by a clerical error, the judgment may be corrected by the court ... to make the record speak the truth, by nunc pro tunc entry of the judgment as same was actually rendered in the case when tried"
citation_a.sentence: See Ex parte Patterson, 139 Tex.Crim. 489, 496, 141 S.W.2d 319, 323 (1940) (a mere irregularity in a judgment may be corrected by nunc pro tunc proceeding, but “the matter was not a subject for the granting of the writ of habeas corpus”) (citing Ex parte Beeler, 41 Tex.Crim. 240, 241, 53 S.W. 857, 857 (1899)); see also Ex parte Hannen, 155 Tex.Crim. 10, 13, 228 S.W.2d 864, 866-67 (1950) (judgment may be held "void for want of a definite punishment having been in fact assessed,” but if "a definite punishment was assessed and the entry of a judgment showing otherwise was by a clerical error, the judgment may be corrected by the court ... to make the record speak the truth, by nunc pro tunc entry of the judgment as same was actually rendered in the case when tried”); Ex parte Stansbury, 155 Tex.Crim. 73, 74, 231 S.W.2d 431, 432 (1950) (same); Ex parte Wingfield, 162 Tex.Crim. 112, 113, 282 S.W.2d 219, 219 (1955) (”[i]f the error was in the entry of judgment and not in the pronouncement, the judgment was not void and was subject .to correction by nunc pro tunc proceedings”).
citation_b.signal: see
citation_b.identifier: 141 S.W.2d 319, 323
citation_b.parenthetical: a mere irregularity in a judgment may be corrected by nunc pro tunc proceeding, but "the matter was not a subject for the granting of the writ of habeas corpus"
citation_b.sentence: See Ex parte Patterson, 139 Tex.Crim. 489, 496, 141 S.W.2d 319, 323 (1940) (a mere irregularity in a judgment may be corrected by nunc pro tunc proceeding, but “the matter was not a subject for the granting of the writ of habeas corpus”) (citing Ex parte Beeler, 41 Tex.Crim. 240, 241, 53 S.W. 857, 857 (1899)); see also Ex parte Hannen, 155 Tex.Crim. 10, 13, 228 S.W.2d 864, 866-67 (1950) (judgment may be held "void for want of a definite punishment having been in fact assessed,” but if "a definite punishment was assessed and the entry of a judgment showing otherwise was by a clerical error, the judgment may be corrected by the court ... to make the record speak the truth, by nunc pro tunc entry of the judgment as same was actually rendered in the case when tried”); Ex parte Stansbury, 155 Tex.Crim. 73, 74, 231 S.W.2d 431, 432 (1950) (same); Ex parte Wingfield, 162 Tex.Crim. 112, 113, 282 S.W.2d 219, 219 (1955) (”[i]f the error was in the entry of judgment and not in the pronouncement, the judgment was not void and was subject .to correction by nunc pro tunc proceedings”).