State v. Pearson
Annotate this CaseDefendant pled guilty to two counts of sexual abuse in the third degree. The district sentenced Defendant to two concurrent, indeterminate ten-year sentences. Defendant appealed, arguing that the district court applied the wrong Code section at his sentencing and that the error could not be corrected by the use of a nunc pro tunc order. The court of appeals agreed with Defendant and vacated the judgment and sentence to allow the district court to amend the judgment and sentence to reflect Defendant’s intent in entering the plea. On remand, the district court resentenced Defendant to two indeterminate ten-year sentences to be served consecutively instead of merely correcting the error in the sentencing order. The Supreme Court vacated the judgment and sentence of the district court, holding that the district court exceeded its mandate when it resentenced Defendant upon remand. Remanded.
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