What Does Nunc Pro Tunc Mean?

What does Nunc Pro Tunc mean? My lawyer tells me that I missed the deadline to file my motion but she can file it Nunc Pro Tunc. She tried to explain it to me, but I didn't get it.

The literal translation from latin to english is "now for then." This means that you are filing something today, but that you had intended to file it on a different day.

The best example is a motion to reconsider sentencing. In general, you have ten days from the date of sentencing to ask the judge to reconsider the sentence and thirty days from the date of sentencing. The sentence is not a final order until after thirty days pass and a notice of appeal has not been filed.

The question we often get is, can I file a motion for reconsideration of sentence after the ten days passes, but before the thirty days is up. The answer is clearly, no you cannot. But, since the sentence is not a final order, if the sentencing judge permits the filing of the motion, then you can file it after the ten day date, but before the thirty day date. A judge may want you to do this so that the matter avoids an appeal if the issue can be fixed as a post sentencing motion.

The title of the motion for reconsideration should be, Motion for Reconsideration of Sentence Nunc Pro Tunc. This means consider my motion now, after ten days have passed, as if I had filed it then, during the ten day window. Good Luck!

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What Can I Do About a Sentence From an Open Plea?

I decided to plea guilty. My lawyer told me that I could do better going with the judge instead of negotiating with the District Attorney's Office. I decided to go along with my attorney's advice and I plead open in front of the judge. I got a deferred sentencing date for 60 days after the day I entered my open plea. I did not try to withdraw the guilty plea before sentencing. I went to sentencing and I got roofed by the judge. Is there anything I can do?

As you read in the written guilty plea colloquy and heard after sentencing, you have ten days from the day of sentencing to ask the judge to reconsider her decision and thirty days to appeal to the Superior Court of Pennsylvania.

The real question is whether you have a chance to win and get your case sent back for re-resentencing? When you are sentenced, there is a range that the judge is supposed to consider at the time of sentencing. This range is called the standard range. There is a small range below the standard range called the mitigated range and a small range about the standard range called the aggravated ranged. If your sentence is within any of these ranges or below the mitigated range, you will most likely lose on appeal to the superior court after an open plea. Further, sometimes people have multiple charges and get consecutive sentences all within the standard range. This is rare on an open plea, but can happen. We usually see concurrent sentences on open pleas.

Also, if your lawyer lied to you about the expected range of sentencing, or if your case was a mandatory and the lawyer lied to you about those issue, you can appeal to under the Post Conviction Relief Act (PCRA). If your case involved mandatories, my answers may be different.

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