Blanton v. Texas (Original)Annotate this Case
Appellant Donald Blanton appealed the nunc pro tunc judgment of the Kaufman County District Court. The Fifth Court of Appeals dismissed the case for want of jurisdiction after concluding that Appellant failed to file a timely notice of appeal. Appellant was indicted for burglary of a habitation. Prior to that, he was indicted for burglary of a building for which he entered a negotiated plea of guilty and was placed on deferred-adjudication community supervision for five years. A few months later, he violated the terms of his community supervision by entering a habitation with the intent to commit theft. Appellant entered a plea of true at a probation-revocation hearing for the earlier offense and also entered a negotiated plea in his more recent indictment. He was sentenced to seven years' confinement and ordered to pay restitution for each offense. In August 1988, the trial court realized that the final written judgment for Appellant's first burglary did not include the restitution payment that had been orally ordered in open court. The court entered the first of three nunc pro tunc judgments, adding the amount of restitution that Appellant had been orally ordered to pay by the trial court. In March 2009, Appellant filed a motion to challenge the judgment nunc pro tunc in his latest case alleging that the first nunc pro tunc judgment incorrectly entered his first conviction. Upon review, the Court of Criminal Appeals found that Appellant timely appealed the nunc pro tunc judgment, and accordingly, remanded the case to the appellate court for further proceedings.