Cresci v. State

The court is asked to review an order, entered December 21, 1976, the Honorable John L. Coffey, presiding, denying the plaintiff in error’s motion to amend sentence.

The principal question on appeal is: Did the trial court err when it failed to give notice to the defendant or his attorney of the hearing on the motion ?

*498We hold that it was error and that as a matter of law it was not harmless. The matter must be remanded for an evidentiary hearing- on the trial court’s intention at the time of sentencing on January 18,1973.

The pertinent facts in this case are not in dispute. James T. Cresci, the…