Missouri Court of Appeals, Southern District / Aug 1, 2019
STATE OF MISSOURI, Plaintiff-Respondent v. CORY JAMES SMITH, Defendant-Appellant
Cory Smith appealed his conviction for child molestation, arguing that the written judgment incorrectly stated his sentences were to run consecutively, contrary to the oral pronouncement of concurrent sentences. The State conceded the error. The Southern District of Missouri Court of Appeals agreed, holding that the unambiguous oral pronouncement controls over a clerical error in the written judgment. The court remanded the case with directions for the trial court to correct the written judgment via a nunc pro tunc order.