STATE v. SMISSAERT

No. 50500-4.

103 Wn.2d 636 (1985)

694 P.2d 654

THE STATE OF WASHINGTON, Respondent, v. DWIGHT DOUGLAS SMISSAERT, Petitioner.

The Supreme Court of Washington, En Banc.

January 11, 1985.


Attorney(s) appearing for the Case

R. Brent Daniel, for petitioner.

Norm Maleng, Prosecuting Attorney, and Barbara Corey-Boulet, Deputy, for respondent.


DIMMICK, J.

The Court of Appeals dismissed as untimely petitioner Smissaert's appeal of the original judgment in a case in which the trial court later entered a corrected sentence nunc pro tunc. We affirm the trial court's imposition of a life sentence, but reverse the nunc pro tunc entry of sentence. In so doing, we articulate a new rule: When imposition of an increased sentence is required to correct a judicial error,...

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