State v. Gerrish

HALL, Chief Justice:

In September 1985, defendant pleaded guilty to one count of aggravated sexual abuse of a child, a first degree felony. 1 The crime is punishable by incarceration for a minimum mandatory term of three, six, or nine years. 2

In October 1985, defendant was sentenced to a minimum mandatory sentence of ten years. In November 1985, this erroneous sentence was amended without hearing to specify a minimum mandatory term of six years.

In February 1986, the trial court sua sponte resentenced defendant, with defendant and his counsel present. Defendant’s motion to have sections…