X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Joshua O’Keith Fluellen pleaded guilty, as part of a plea bargaining agreement, to aggravated robbery. The trial court deferred a finding of guilt and placed Fluellen on ten years’ community supervision. The State later filed a motion to adjudicate Fluellen’s guilt, alleging he committed eleven violations of the terms of his supervision. Fluellen pleaded not true to each of the allegations. The trial court found the allegations true, found Fluellen guilty, and sentenced him to fifty years’ imprisonment.

Except in certain narrowly defined circumstances, see Nix v. State, 65 S.W.3d 664 (Tex. Crim. App. 2001), if Fluellen wished to appeal issues arising from the original plea proceeding in an appeal taken from that proceeding, he must have done so at that time. Manuel v. State, 994 S.W.2d 658, 661-62 (Tex. Crim. App. 1999). Nix addressed the void judgment exception, which recognizes there are some rare situations in which a trial court’s judgment is accorded no respect due to a complete lack of power to render the judgment in question. Nix v. State, 65 S.W.3d 664. The judgment, being a nullity, may be attacked at any time.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Seeking a corporate/transactional lawyer with at least 2 years' experience. Experience with the following would be a plus:drafting, reviewin...


Apply Now ›

FULL-TIME COMMERCIAL LITIGATION ASSOCIATE SATTIRAJU & THARNEY, LLP SEEKS AN ASSOCIATE ATTORNEY PREFERABLY WITH 4-7 YEARS OF EXPERIENCE ...


Apply Now ›

McCarter & English, LLP is actively seeking a chemistry patent associate with an advanced degree in chemistry. Candidates should have 2-...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›