Blanton, Donald Gene

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0767-10

DONALD GENE BLANTON, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

KAUFMAN COUNTY

Keller, P.J., filed a dissenting opinion.

Where does a defendant's right to appeal a nunc pro tunc judgment come from? The Court never gives a good answer to that question because there is none.

After a defendant has been convicted and the direct-appeal process has been exhausted, an appellate court can act only in accordance with a directive from a higher court or pursuant to specific statutory…