STATE v. TAYLOR

No. 51780.

137 N.W.2d 688 (1965)

STATE of Iowa, Appellee, v. Alvie TAYLOR, Appellant.

Supreme Court of Iowa.

October 19, 1965.


Attorney(s) appearing for the Case

Joseph J. DeRaad, Sioux City, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty. Gen., and Edward F. Samore, County Atty., for appellee.


STUART, Justice.

The sole question presented here is whether a trial judge has the power to set aside a sentence which is not in accordance with the statutory sentence and impose a proper sentence after defendant has entered upon the execution of the sentence when the statutory sentence results in an increased punishment. We hold the trial judge does have such power.

On October 2, 1964 defendant entered a plea of guilty to the crime of attempt to break and...

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