State v. Davis

The opinion was delivered by

Luckert, J.:

Peter J. Davis appeals the district court’s denial of his motion to correct an illegal sentence. We affirm, holding that a motion to correct an illegal sentence does not provide a defendant a means for a collateral attack of a conviction arising after a district court ruled that the State, during trial, could orally amend the date of offense alleged in the complaint.

The amendment at issue was made at the close of the State’s evidence. Originally, Davis was charged with one count of first-degree murder which was alleged to have occurred on January 26,…