State v. Hawk

McFADDEN, Justice.

Duane Warren Hawk, the defendant-appellant, pleaded guilty to the crime of forcible rape. The trial court committed him to the custody of the State Board of Corrections for a term not to exceed twenty-five years. The defendant appeals from the judgment and sentence.

The State moved to dismiss this appeal as not being timely filed. The record discloses that the sentencing hearing was conducted by the trial court on May 10, 1974, and that a written judgment and commitment was signed by the trial judge. However, the records of the clerk’s office disclose that this judgment was…