State v. Lee

OPINION

CLABORNE, Judge.

The petitioner (defendant) was convicted of robbery and sentenced to an eighteen-year term of imprisonment as a repetitive offender.

In this petition for post-conviction relief, the defendant presents a novel issue. The trial court at sentencing gave the defendant pre-sentence incarceration credit for more days than defendant actually served. At a later hearing the trial judge corrected that error by a “nunc pro tunc” order. To compound the problem, the “nunc pro tunc” order occurred after the sentence had been appealed and affirmed. (State v. Lee, 1 CA-CR 10147, July 7,…