In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00335-CR
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IN RE MICHAEL HANCOCK
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Original Proceeding
75th District Court of Liberty County, Texas
Trial Cause Nos. CR28749, CR28750
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MEMORANDUM OPINION
In a petition for a writ of mandamus, Michael Hancock complains that the
trial court signed judgments nunc pro tunc without Hancock being personally
present for the hearing, 1 and that the trial court subsequently failed to grant
Hancock’s request that a bench warrant issue so that his thumbprint can be added
to the judgments nunc pro tunc in a new proceeding conducted in open court with
counsel and the defendant present. See Tex. Code Crim. Proc. Ann. arts. 38.33
(West 2005); 42.01, § 1(23) (West Supp. 2014); but see Porter v. State, 757
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Hancock’s trial counsel represented him in the proceedings on the entry of
the judgments nunc pro tunc.
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S.W.2d 889, 891 (Tex. App.—Beaumont 1988, no pet.) (non-compliance with
article 42.01 does not render the conviction void). Hancock contends the trial
court’s decision to reduce the assessment of attorney’s fees in the judgments
reflected a judicial error not correctable through judgments nunc pro tunc.
“Before any unfavorable nunc pro tunc orders are entered the person
convicted should be given an opportunity to be present for the hearing, represented
by counsel, in order to accord him due process of law.” Shaw v. State, 539 S.W.2d
887, 890 (Tex. Crim. App. 1976). Hancock has not shown that the judgments nunc
pro tunc were unfavorable to him. See id. Furthermore, an appellate court need not
order a trial court to conduct a hearing to reconsider entry of an ex parte but
otherwise properly entered judgment nunc pro tunc. Homan v. Hughes, 708
S.W.2d 449, 454-55 (Tex. Crim. App. 1986). We deny mandamus relief.
PETITION DENIED.
PER CURIAM
Submitted on September 8, 2015
Opinion Delivered September 9, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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