APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE
FIFTH COURT OF APPEALS COLLIN COUNTY
Vera Elizabeth Guthrie-Nail, pled guilty to conspiracy to
commit capital murder. A judgment was entered against her on
September 12, 2012. Without giving notice to Appellant or
conducting a hearing, the trial court issued a Nunc Pro
Tunc Judgment on December 4, 2012, changing the
"Findings on Deadly Weapon" entry from
"N/A" to "Yes, a Firearm." Appellant
appealed, and the Fifth Court of Appeals affirmed the
Nunc Pro Tunc Judgment in an opinion dated January
8, 2014. On review, in our opinion delivered on
September 16, 2015, we held that Appellant's right to due
process was violated because the trial court issued an
unfavorable nunc pro tunc judgment without notice
and a hearing. We reversed the January 8, 2014, judgment
of the court of appeals and remanded the case to the trial
court "for proceedings consistent with [our]
accordance with our opinion, the trial court conducted a
hearing on December 16, 2016, and the trial court judge
orally confirmed that it had been his intent to make an
affirmative finding of a deadly weapon on the original
September 12, 2012, judgment. Appellant appealed the trial
court's December 16, 2016, oral ruling and docket entry.
On March 28, 2017, the Fifth Court of Appeals dismissed
Appellant's appeal because the trial court had not
entered an appealable order.
filed a petition for discretionary review contesting the
court of appeals's dismissal for lack of jurisdiction.
The State agrees that Appellant is entitled to appellate
review of the December 4, 2012, Nunc Pro Tunc
Judgment and therefore joins Appellant's request to
overturn the court of appeals's dismissal.
that the court of appeals's dismissal was proper. When,
on September 16, 2015, we reversed the judgment of the court
of appeals and remanded the case to the trial court for
further proceedings,  our decision essentially rendered the
trial court's December 4, 2012, Nunc Pro Tunc
Judgment void. On remand, in accordance with our
September 16, 2015, opinion, the trial court held the
required hearing on December 16, 2016. However, it did not
enter a new Nunc Pro Tunc Judgment at that
jurisdiction is invoked when the appellant "timely"
files a notice of appeal."In criminal cases, a
defendant's notice of appeal is timely if it is filed
'within 30 days after the day sentence is imposed or
suspended in open court, or after the day the trial court
enters an appealable order.'" In this case, the
court of appeals correctly observed that, after the hearing
on December 16, 2016, the trial court did not enter an
"appealable order."Although the record from that
hearing reflects that it was the trial court's intent to
orally ratify its December 4, 2012, Nunc Pro Tunc
Judgment,  no authority has been presented-and we
know of none-"that would empower [the court of appeals]
to assert jurisdiction over the case grounded on a docket
entry and oral ratification of a pre-existing
September 16, 2015, reversal of the January 8, 2014, judgment
of the court of appeals invalidated the trial court's
December 4, 2012, Nunc Pro Tunc Judgment because it
had been issued without notice and a hearing. Therefore, to
date, the only valid judgment against Appellant is the
original judgment dated September 12, 2012. If the trial
court wishes to make a correction to the September 12, 2012,
judgment based on what transpired at the December 16, 2016,
hearing, the trial court must enter a new nunc pro
tunc judgment, which would then be an appealable order.
We affirm the judgment of the court of appeals.
 Guthrie-Nail v. State, No.
05-13-00016-CR, 2014 WL 61037 (Tex. App.-Dallas, Jan. 8,
2014) (not designated for publication).
 Guthrie-Nail v. State, 506
S.W.3d 1, 2, n.1 (Tex. Crim. App. 2015) (citing Shaw v.
State, 539 S.W.2d 887, 890 (Tex. Crim. App. 1976)
("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.")).
 Guthrie-Nail, 506 S.W.3d at
Guthrie-Nail v. State, No.
05-17-00030-CR, 2017 WL 1149676 (Tex. App.-Dallas Mar. 28,
2017) (not designated ...