Beyard v. State (Majority)
Annotate this CaseAppellant was found guilty of murder in the first degree and sentenced to 480 months’ imprisonment. Approximately seventeen months after the judgment had been entered Appellant filed a pro se motion for a “nunc pro tunc order correcting and/or modifying the sentence,” arguing that he was entitled to have his sentence modified because the presumptive sentence for first-degree murder was 360 months’ imprisonment and because the trial court failed to issue written reasons for its departure from the presumptive sentence. The Supreme Court dismissed the appeal because Appellant’s motion to correct or modify his sentence was not timely filed.
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