§ 137.172 Entry of corrected judgment

(1) The trial court retains authority after entry of judgment of conviction or a supplemental judgment, including during the pendency of an appeal, to modify the judgment, including the sentence, to correct any arithmetic or clerical errors or to delete or modify any erroneous or ambiguous term in the judgment. The court may correct the judgment either on the motion of one of the parties or on the court’s own motion after written notice to all of the parties.

(2)(a) Before modifying an ambiguous term in the judgment under subsection (1) of this section:

(A) The court shall appoint counsel for the defendant, if the person is financially eligible and does not already have counsel, unless the defendant waives counsel; and

(B) The court shall hold a hearing concerning the ambiguous term, unless the defendant waives the hearing.

(b) If the court modifies an ambiguous term in the judgment under subsection (1) of this section, the court may not modify the judgment to achieve a result that is unsupported by the record from the original sentencing proceeding.

(3) If the trial court enters a corrected judgment under this section during the pendency of an appeal, the trial court administrator shall immediately provide a copy of the corrected judgment to the appellate court.