State Ex Rel. Poucher v. Vincent

ORIGINAL PROCEEDING IN MANDAMUS

LAURA DENVIR STITH, Chief Justice.

Relator Robert Poucher petitions this Court to issue a writ of mandamus directing the respondent trial judge to vacate an order nunc pro tunc he entered on December 12, 2005, amending a judgment he had entered revoking relator’s probation on November 3, 2005. Mr. Poucher argues that an order nunc pro tunc may be used only to correct a clerical error or omission, and that, here, respondent improperly used it to substantively amend his prior judgment by directing that Mr. Poucher’s sentences were to run consecutively rather than…