Summary
The Montana Supreme Court held that a district court improperly amended, nunc pro tunc, written judgments to reduce credit for time served approximately seventeen months after their entry. Because the original written judgments were not factually erroneous and did not conflict with the oral pronouncement, the amendments were outside the authority granted by Montana Code Annotated § 46-18-116(3). The Court vacated the amended judgments and remanded with instructions to reinstate the original judgments.
Holdings
- The District Court could not amend the judgments nunc pro tunc to reduce Megard's credit for time served because the written judgments did not conflict with the oral pronouncement and were not factually erroneous within the meaning of Montana Code Annotated § 46-18-116(3).
Questions Presented
- Whether the District Court could amend its written sentencing judgments nunc pro tunc, approximately seventeen months after entry, to reduce the credit for time served when the written judgments did not conflict with the oral pronouncement and were not factually erroneous on the face of the record.
Disposition
vacated
Cases Cited (9)
- State v. Kroll, 2004 MT 203, ¶ 12, 322 Mont. 294, 95 P.3d 717(followed)
- State v. Fertterer, 260 Mont. 397, 400, 860 P.2d 151, 154 (1993)(followed)
- State v. Winterrowd, 1998 MT 74, ¶ 14, 288 Mont. 208, 957 P.2d 522(followed)
- State v. Christianson, 1999 MT 156, ¶ 25, 295 Mont. 100, 983 P.2d 909(followed)
- State v. Owens, 230 Mont. 135, 138, 748 P.2d 473, 474 (1988)(followed)
- Fredericks v. Davis, 6 Mont. 460, 463, 13 P. 125, 127 (1887)(followed)
- State v. Lane, 1998 MT 76, ¶ 38, 288 Mont. 286, 957 P.2d 9(followed)
- Territory v. Clayton, 8 Mont. 1, 16-17, 19 P. 293, 300 (1888)(followed)
- State v. Megard, 2004 MT 67, 320 Mont. 323, 87 P.3d 448(prior history)
Cited In (0)
No citing cases on record yet.
Court Document
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