State v. Andress
Annotate this CaseDefendant was arrested and charged with violating a permanent order of protection. While incarcerated, Defendant was charged with tampering with a witness. Following a jury trial, Defendant was convicted on both counts. Defendant's written sentence contained terms and conditions that were not expressly stated during oral pronouncement of sentence. Defendant appealed, claiming his attorney was ineffective in offering erroneous jury instructions and in failing to file a motion to conform the written sentence to the orally-pronounced sentence. The Supreme Court held that Defendant's trial counsel did not provide ineffective assistance, as (1) Defendant was not prejudiced in the giving of the disputed instructions; and (2) the cause was remanded for another sentencing hearing in which Defendant would be presented with and allowed to respond to the additional terms and conditions contained in his written sentence that were not listed by the court during the sentencing hearing.
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