Cunningham v. State

I agree that an appeal is not authorized from the nunc pro tunc entry of a judgment in a felony case. I therefore concur in the dismissal of the appeal in this case.

What I object to is the action of my brethren in determining the validity of the sentence which was passed upon the invalid judgment, in the first instance, before the judgment was corrected by the nunc pro tunc order.

My objection goes especially to that part of the opinion which says:

“Appellant is not entitled to appeal from the conviction since the State relies now as before upon the sentence upon which he has more than two…