State v. Wilke

BILLINGS, Chief Judge.

A Polk County jury found defendant guilty of robbery in the first degree by means of a dangerous and deadly weapon and assessed his punishment at five years imprisonment. The jury’s verdict was returned December 9, 1976.

Defendant did not file a motion for new trial and on December 28, 1976, the court, pursuant to Rule 27.09, V.A.M.R., afforded defendant allocution, rendered judgment and pronounced sentence.

The transcript filed herein fails to show that the clerk of the court complied with Rule 27.11, V.A.M.R., inasmuch as no judgment was in fact entered. This rule…