08 59 MOTION TO CORRECT JUDGMENT OR SENTENCING ORDER NUNC PRO TUNC FOR JAIL CREDIT

JurisdictionArkansas
LibraryArkansas Form Book - Complete (2023 Ed.)

08-59 MOTION TO CORRECT JUDGMENT OR SENTENCING ORDER NUNC PRO TUNC FOR JAIL CREDIT

[CAPTION]
MOTION TO CORRECT [JUDGMENT] [SENTENCING ORDER] NUNC PRO TUNC FOR JAIL CREDIT

Defendant moves to correct the [judgment and commitment] [sentencing order] nunc pro tunc because of an error in the jail credit calculation by the Arkansas Department of Corrections or because they misread the judgment.

First, defendant is statutorily entitled to all [his/her] pre-conviction jail credit. Ark. Code Ann. § 5-4-404. [He/She] is constitutionally entitled to it as well under due process and equal protection clauses because [he/she] was incarcerated pretrial unable to make bond.

Second, sentencing orders that...

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