State v. LaJoy

NANNETTE A. BAKER, Judge.

Introduction

John LaJoy (“Appellant”) appeals the denial of his nunc pro tunc motion in which he claims that the written judgment and sentence of the court incorrectly noted that Appellant was found to be a persistent drug offender. In his sole point on appeal, Appellant argues that the trial court erred in its denial of his claim of a material discrepancy between the trial court’s oral pronouncement of his sentence and the amended written sentence and judgment. We reverse and remand.

*258 Factual and Procedural Background

In February, 1996, Appellant was charged with one…