State v. Wika

NEUMANN, Justice.

[¶ 1] The ’ State appeals from the trial court’s denial of its Rule 35(a), N.D.R.Crim. P., motion to correct an illegal sentence. We reverse the order denying the motion, vacate the illegal sentence, and remand for correction.

[¶ 2] Defendant Daniel Ray Wika was charged and pled guilty to terrorizing and aggravated assault, both class C felonies. Wika admitted to slashing a woman with a butcher knife, creating a four-inch slash, plus a quarter-inch puncture wound. Before Wika pled guilty, the State filed an amended information, giving the trial court and Wika notice of a…