THE .i%TTORNEY GENERAL OF TEXAS
cmovlm SExlmm AUSTIN ai. T-n

**Honorable** Otto P. Moore CountyAttorney Colorado

county C~lumbua,

Texas opinionHo. 0-6301 Be: Oau CountyJudge during tern in whioh he rendered judme& of oonviotion,

set eme -Me after defendant

hae pale fins and costs; and, if 80, what is legaldisposition

of 

## ma me and coats? Dear Sir:
We have reoeived your recent ocmnunioation, in which you aulznit for our detennlnation the following

mtterr On Anguet l.3,

1945, the Comty Judge of Colorado County,Tesae, aooepted

a plea of guilty to an information oharging

a violation

of the liquor laws filed In the oountyoourt,and renderedjudaent again& defendtic

for a fine of $100.00and cotita of court. Bo motionwae'.made for a new trial,tier wae an appeal taken,and immrediately after the rendition

of said judgment,

the defendant

paid such fine and ooste to the county clerk. The following day, on Auguet 14, 1945, the county judge, a8 ahownby his docketentry,renderedan order aet,tlng said judgment aeide. Tne queetione involved

are; 1. CM the county judge legallyset aside e Judgment such 88 **was** given in this case when the defendant~pleade guilty and had alreadypaid his fine and received a reoelpt for the same by t&e clerk of the court?
2. What iB the 18~1dikQO63itiOll Of the fine and **OOBts** aa shownby the facta & this oaee? We assume that all tie acts in question wourred during the eeme tern of county court., and that the jn@ent rendered on August l3, 1945,as aforesaid, wae duly entered in the minutes and approved by the county judgebefore the expiration of said term of court. Fm the faote etated we oannotassume that the jud@nent of Auguet 14, 1945,wae at the fn&anoe or on motion **of** the defendant.Honorable Otto P. Moore, Page 2 (O-6801)

The generalrule is that **during the**  **tam** of the oourtatwhlah **any jud-t**  hae been entered, **or** motion **aoted upon,**  **the** court etlllhar power mar all of ltr prooeedlngn and may oorreotand reformor aet ulde any jumt or aotlonof the oourthad during the term. Sea **Pens** Y: State (Grim. App.), 24 6. **W.** (2) 396;BundiokY. State, 59 arim.Rep. 9, 127 8. **W.** 543; Eumphrler v. State (Grim.

App.), 69 8. W. 527;Metoalfv. State, 21Crlm. App. 174, 17 9. W. 142.

However, in a oriminal oa88 if the aooueed hae suffered

acme puniehment

under the jud@mnt, the court la powerless to &sage it in any substantial

respect,

unless at the instance or on motion of defendant. See Griaheuv. State, 19 Crti.App. 504;Brezelav. State, 92 Grim. Rep. 479, 244 8. W. 529; and Turner v. State, 116 Cr. R. 154.

Therefore,

givingapplication to the principle8

oontrolling, we are con&rained to hold that,unless at the -tan08 or on motion of defendaat,

It wae beyond the power of the uounty judg8 to eet aeide the originaljudment renderedon August l.3, 1945. Such being the oaee, the order of A&et 14, 1945,attempting to set aside the originaljudepnaat, was a nullityand oannnot be enfprced,

but the originaljudment of conviction is legaland atanda 88 ekeouted,

In view of our answer to your question Ho. 1, it is mneoesaery to anewerqueetlon

Bo. 2.
Youm very truly,

By /a/ Robert L. Iattimore, Jr. Robert L. IattImore, Jr. Assietmt RLTJgb-da APPROVED

OCT 22, 1945 /a/Carlos C. Ashley FIRSTASSISTAlVTATlQRREYGEiEBAL APmovED 0PlmoI! ColMIT%BBYGWBCEAlREIAEl