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Cite as 2013 Ark. App. 155 ARKANSAS COURT OF APPEALS DIVISION II No. CACR12-784 Opinion Delivered MARCH 6, 2013 DONNIE R. ROBINSON APPELLANT APPEAL FROM THE DREW COUNTY CIRCUIT COURT V. [NO. CR-11-127-1] STATE OF ARKANSAS HONORABLE SAM POPE, JUDGE APPELLEE REMANDED BILL H. WALMSLEY, Judge Appellant Donnie Robinson appeals from the judgment and commitment order entered June 22, 2012. This judgment shows that appellant was convicted by a Drew County jury of driving while intoxicated (DWI) and refusal to submit to a chemical test. The judgment shows that, for the DWI conviction, appellant was sentenced to the county jail and received a suspended imposition of sentence. However, the judgment also reflects that appellant was acquitted of this charge, and the jury-verdict form in the record shows that the jury found appellant not guilty of DWI. When there is an apparent discrepancy between the jury verdict and the judgment and commitment order, it is appropriate to reinvest jurisdiction with the trial court to correct the discrepancy. McCastle v. State, 2011 Ark. App. 345. When necessary, the trial court can enter an order nunc pro tunc at any time to correct clerical errors in a judgment or order. Massey v. State, 2010 Ark. App. 683. We remand this case to the trial court with instructions to settle
Cite as 2013 Ark. App. 155 the record and to enter a corrected judgment and commitment order. Once the record is supplemented, appellant will be obligated to supplement the addendum with the new judgment and commitment order. McCastle, supra. Remanded. GLOVER and BROWN, JJ., agree. John F. Gibson, Jr., for appellant. Dustin McDaniel, Atty Gen., by: Lauren Elizabeth Heil, Asst Atty Gen., for appellee. 2
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