Failure to accurately record Sleeth's convictions was a clerical error correctable nunc pro tunc for which remand is appropriate. State v. Henderson, 468 S.W.3d 422, 426 (Mo.App. 2015). Conclusion
"Failure to accurately record [Defendant]'s conviction was a clerical error correctable nunc pro tunc. " State v. Henderson , 468 S.W.3d 422, 426 (Mo. App. S.D. 2015). Remand is the appropriate remedy.
"[I]t is well understood that parties should not charge error they invited, or complain that a court did what they asked ..." State v. Henderson , 468 S.W.3d 422, 425 (Mo. App. S.D. 2015). It is clear from the record that Salmon invited a trial separate from Ashcraft. Salmon's counsel told the court he could not be ready to try Salmon's case with Ashcraft in May, and did not object to Ashcraft being tried in May. "No criminal trial or judgment should be affected, in any manner, by an error committed at the instance of the defendant."
"[I]t is well understood that parties should not charge error they invited, or complain that a court did what they asked. . ." State v. Henderson, 468 S.W.3d 422, 425 (Mo. App. S.D. 2015). It is clear from the record that Salmon invited a trial separate from Ashcraft. Salmon's counsel told the court he could not be ready to try Salmon's case with Ashcraft in May, and did not object to Ashcraft being tried in May. "No criminal trial or judgment should be affected, in any manner, by an error committed at the instance of the defendant."
Id. (quoting Roper, 136 S.W.3d at 900). In an attempt to avoid this conclusion, Defendant cites State v. Henderson, 468 S.W.3d 422 (Mo.App.S.D.2015), in support of his argument that the State waived compliance with the time limits of Rule 29.11(b) when the prosecutor stated he had no objection to the trial court's consideration of Defendant's untimely motion. However, Henderson is factually distinguishable from the present case.