Have Legal Questions? Ask a Lawyer Now.
This is certified written transcript of oral pronouncement of sentence. The written notice, created contemporaneously to oral pronouncement is in harmony with the transcript. It is my understanding there are two - and only two - records of sentence: 1) the oral pronouncement (and transcript thereof) and 2) the written notice created created at the time (or soonest thereafter).Those records both indicate the judge did not state the particular details. The judge knows this... I pointed out both records (transcript, written notice).
Time for appeal has tolled, I believe.
Again, in State (Wi) v. Prihoda, the Wis Sup Ct adopted the "brightline rule" that a clerk cannot correct a clerical error absent direction by the court. In this case, this "confirmation" letter is not even a correction of a clerical error - it is, in fact, a modification of sentence. It is my understanding this can be done only by the judge, only by order.
roughly 800 (by written order, I shall assume you mean the written notice prepared as oral pronouncement was made on the record - since this undated "confirmation letter" lack any indication of an "order")
This seems odd. The record is... the RECORD. I don't seek to correct the "record", but to simply cause the court's computer entries to conform to the actual official record. There is no Order correcting any error of omission... simply the court's computer records were altered by the clerk and the judge issued a warrant based on that inaccurate information. Even after I brought this to the judge's attention, he did nothing... no order to correct the record (to reflect what he claimed the sentence was to be - this strikes me as odd). Even today, the official records remain as they were.No options?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).