State v. Jaeger

Citations

• 2025 ND 222

Syllabus

Pursuant to N.D.R.Crim.P. 36, a district court has authority to correct a clerical error in a written order that inaccurately states the court's oral pronouncement of sentence when the correction does not make the sentence more onerous than the original sentence, but merely corrects the written order's failure to record accurately an earlier unambiguous oral pronouncement. The failure to appoint a criminal defendant counsel to respond to a Rule 36 motion to correct a clerical error in a probation revocation proceeding does not violate the defendant's constitutional right to counsel because the process of probation revocation is not a critical stage of a criminal prosecution.