Guthrie-Nail v. State

Johnson, Alcala, Richardson, and Newell, JJ., joined.

One of appellant’s allegations is that she was entitled to notice and a hearing prior to the trial court issuing its nunc pro tunc judgment. It is beyond dispute that she had such a right1 and that this right was violated. The State argues, however, that a remand to the trial court would be a useless task because the record indisputably shows that the nunc pro tunc judgment properly issued and the law does not require a court to perform a useless task.2 We conclude that a remand is necessary because the State’s entitlement to a nunc pro…