STATE v. HESS

No. 94-1744.

533 N.W.2d 525 (1995)

STATE of Iowa, Appellee, v. Kenneth J. HESS, Appellant.

Supreme Court of Iowa.

June 21, 1995.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Julie H. Brown, Asst. Atty. Gen., Fred H. McCaw, County Atty., and Michael J. Whalen, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and CARTER, SNELL, ANDREASEN, and TERNUS, JJ.


SNELL, Justice.

This case involves a discrepancy between an oral sentencing pronouncement and a subsequent written judgment entry. The defendant argues that due to the error in the written judgment entry, his sentence is illegal, and we must remand to the district court for a new sentencing hearing. We hold that the record unambiguously demonstrates the error was merely clerical in nature. We therefore affirm and remand for the court to correct the error by issuance...

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