State v. Cruse

Smith, J'.

A motion of Edward A. Cruse for post conviction relief was denied without a complete evidentiary hearing. He appeals, asserting involuntariness of his guilty plea and error in the court’s correcting the record of his sentence without notification.

The journal of the district court, Judge Krell presiding, on May 1, 1970, set out a sentence of Cruse to imprisonment from 1 to 5 years. On June 2 the court without notification to either party ordered correction of the journal as follows: “ ‘for a period of 2 to 5 years’ as per court’s pronouncement from the bench at the time of sentence.”

C…