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Court of Criminal Appeals of Texas· 9/16/2015

Guthrie-Nail v. State

Citations

  • 506 S.W.3d 1
  • 2015 Tex. Crim. App. LEXIS 917
  • 2015 WL 5449642

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that “[a]n affirmative deadly-weapon finding must be an ‘express’ determination in order to be effective”
  • noting that in a bench trial, the trial judge need not include a deadly-weapon finding in the oral pronouncement if the charging instrument alleged a deadly weapon
  • recognizing that the law does not bar inconsistent verdicts
  • suggesting that the trial judge has discretion to decline to make a deadly weapon finding even when use of a deadly weapon is an element of the offense
  • recognizing defendant entitled to notice and a hearing before adverse nunc pro tunc judgment entered but concluding remand appropriate only if correction depends on resolution of issue of fact
  • providing that it is “beyond dispute” that an appellant is entitled to notice and hearing prior to issuance of an unfavorable nunc pro tunc judgment that newly adds an affirmative deadly weapon finding

Source: CourtListener parenthetical corpus (CC0).

Judges: Alcala, Hervey, Johnson, Keasler, Keller, Meyers, Newell, Richardson, Yeary

Read full opinion on CourtListener

Cited by

55 cases in this archive cite this case; the 20 most cited are listed.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Guthrie-Nail v. State

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.