This question has been addressed in 1 Texas court opinion:
COA14 — February 3, 2026
In Bonilla v. State, the Fourteenth Court of Appeals addressed discrepancies between an oral sentencing and a written criminal judgment involving charges of aggravated kidnapping and sexual assault. The appellant’s written judgment included a $100 fine not pronounced in court and failed to note the submission of a victim impact statement. Applying Texas Rule of Appellate Procedure 43.2(b), the court analyzed the record and held that oral pronouncements control over written orders. The court modified the judgment to delete the unauthorized fine and reform the record to accurately reflect the statutory citations and the victim's participation, ensuring the record "speaks the truth."
Litigation Takeaway
“A criminal judgment is a critical piece of evidence in family law; practitioners must verify that written judgments accurately reflect oral pronouncements and victim participation. Clerical errors, such as omitting a victim impact statement, can be weaponized by an opposing party to minimize a history of abuse during custody or divorce litigation, but such errors are reformable on appeal or via a motion nunc pro tunc.”