Tauer v. State

OPINION

GARDEBRING, Judge.

This is an appeal from the trial court’s denial of appellant’s petition for postconviction relief. On January 4, 1988, appellant Steven Tauer was orally sentenced at a hearing to 41 months in prison. The sentencing order, issued four days later, however designated his sentence as 45 months. On August 7, 1989, appellant filed a pro se petition for postconviction relief, which the trial court heard and then denied on September 28, 1989. This appeal followed and pursuant to a November 14, 1989, order this court granted appellant expedited review.

FACTS

Appellant was…