GA 17-1-3 - GA 17-1-3

JUDICIAL DECISIONS Court may correct clerk's sentencing error with notice to defendant. - When, due to clerical error on the part of the clerk of the court and inadvertence on the part of the judge in signing the paper without discovering the error, a sentence is in part illegal, the court may, after notice and opportunity to be heard on the part of the defendant, order the error corrected. Wyatt v. State, 113 Ga. App. 857 , 149 S.E.2d 837 (1966). Order valid if error merely clerical. - If the error is merely clerical in nature and does not follow the oral sentence pronounced by the court at the time, then the order as entered nunc pro tunc is a valid and proper sentence. Wyatt v. State, 113 Ga. App. 857 , 149 S.E.2d 837 (1966). <h4...