State v. Dailey

SPINDEN, Chief Judge.

Monte Dailey appeals the circuit court’s judgment convicting him of failing to return to confinement. Dailey contends that the circuit court erred when it entered its written judgment and sentence because it was inconsistent with the circuit court’s oral pronouncement of the sentence and because the judgment improperly referred to him as a persistent offender rather than a prior offender. He also complains that the circuit court erred in entering its judgment because venue was not proper in Cole County, a fatal variance existed between the indictment and the verdict…