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?
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