Montana § 46-18-116 Judgment -- Conflict Between Written Judgment And Oral Pronouncement -- Correction Of Factually Erroneous Sentence Or Judgment

Montana Statutes

§ 46-18-116 — Judgment -- Conflict Between Written Judgment And Oral Pronouncement -- Correction Of Factually Erroneous Sentence Or Judgment

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 18 SENTENCE AND JUDGMENT·Part 1 Policy and Preliminary Procedure

46-18-116 . Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment.

(1)The judgment must set forth the plea, the verdict or finding, and the adjudication. If the defendant is convicted, it must set forth the sentence or other disposition. The written judgment must be signed and must be entered on the record within 30 days after the oral pronouncement of the disposition of the case. At the time that the judgment is filed, the prosecutor of the county in which the sentence was imposed shall serve a copy of the judgment on the defendant. The written judgment must include a statement of the rights set forth in subsection (2).

(2)If a written judgment and an oral pronouncement of sentence or other disposition conflict, th

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46-18-116 . Judgment -- conflict between written judgment and oral pronouncement -- correction of factually erroneous sentence or judgment. (1) The judgment must set forth the plea, the verdict or finding, and the adjudication. If the defendant is convicted, it must set forth the sentence or other disposition. The written judgment must be signed and must be entered on the record within 30 days after the oral pronouncement of the disposition of the case. At the time that the judgment is filed, the prosecutor of the county in which the sentence was imposed shall serve a copy of the judgment on the defendant. The written judgment must include a statement of the rights set forth in subsection (2).
(2) If a written judgment and an oral pronouncement of sentence or other disposition conflict, the defendant or the prosecutor in the county in which the sentence was imposed may, within 120 days after filing of the written judgment, request that the court modify the written judgment to conform to the oral pronouncement. The court shall modify the written judgment to conform to the oral pronouncement at a hearing, and the defendant must be present at the hearing unless the defendant waives the right to be present or elects to proceed pursuant to 46-18-115 . The defendant and the prosecutor waive the right to request modification of the written judgment if a request for modification of the written judgment is not filed within 120 days after the filing of the written judgment in the sentencing court.
(3) The court may correct a factually erroneous sentence or judgment at any time. Illegal sentences must be addressed in the manner provided by law for appeal and postconviction relief.

Montana § 46-18-116 (Judgment -- Conflict Between Written Judgment And Oral Pronouncement -- Correction Of Factually Erroneous Sentence Or Judgment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.