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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law: Clerical Error – Nunc Pro Tunc Order

Criminal Law: Clerical Error – Nunc Pro Tunc Order

Where a trial court expressly found on the record that a defendant was a prior and persistent offender, but in its written judgment the court stated that the defendant was a prior offender, the court’s failure to accurately memorialize its decision resulted from a clerical error, so the judgment is reversed and remanded for entry of a nunc pro tunc order conforming the written sentence and judgment to the finding.

Judgment is reversed and remanded.

State v. Hays (MLW No. 64649/Case No. WD73942 – 4 pages) (Missouri Court of Appeals, Western District, Ellis J.) Appealed from circuit court, Clay County, Harman, J. (Evan J. Buchheim for respondent) (S. Kate Webber for appellant).

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