Davidson v. State

OPINION

By the Court,

Douglas, J.:

In this appeal, we consider whether the district court can change a jury’s verdict from not guilty to guilty for a criminal charge based on a purported clerical error after the jury has been discharged. We also address a clerical error in the judgment of conviction that precludes habitual criminal sentencing on one of the battery convictions.

Regarding the verdict, we conclude that the Double Jeopardy Clause prohibits the district court from changing the jury’s verdict from not guilty to guilty for a criminal charge after the jury has been discharged, even if…