State Ex Rel. Wagner v. Ruddy

WELLIVER, Judge.

Relator Wagner seeks to prohibit respondent trial court from vacating judgment and sentence entered March 13, 1978, for the purpose of resentencing the relator. The sole issue is whether the trial court in a criminal prosecution retains general jurisdiction to reopen or modify its judgment after judgment and sentence is entered. Because we find that such modification and resentencing would exceed the limits of respondent’s jurisdiction, our provisional rule of prohibition will be made absolute.

On March 28, 1978, the trial court on its own motion set aside the previous judgment…