State v. Alford, 2012 Ohio 3490

Alford was convicted in 2009 of two felonious assaults, three murders, three weapons offenses, and one tampering offense, with firearm specifications, and acquitted on one related firearm count.
Trial court imposed multiple concurrent and consecutive terms, merging one felonious assault with murder but not the other, and merging two of the weapon offenses; aggregate 36 years to life.
On direct appeal, this court remanded to address merging of the felonious assault counts and their relation to the murder counts.
At resentencing in 2010, the court merged the felonious assaults with murder and merged two weapon-offenses; discretionary post-release control (PRC) was imposed on the surviving weapon-offense and tampering offenses but not on murder.
A new judgment entry a week later added improper PRC language for the felonious assaults, creating potential clerical errors.
Appellate counsel challenged the PRC portions as void, and the State later sought a nunc pro tunc correction prior to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PRC was properly imposed on merged felonious assaults	Alford	Alford	PRC on counts 1 and 2 improper; must be removed
Whether nunc pro tunc entry moots the appeal	State	Alford	Appeal not moot; nunc pro tunc had no effect; remand for correction

State v. Smith, 2011-Ohio-5986 (2d Dist. Greene No. 2010-CA-63 (Ohio App. Judge's decision cited in 2011-Ohio-5986)) (notice of appeal divests trial court of jurisdiction to issue nunc pro tunc corrections)
State v. Ward, 2010-Ohio-1794 (2d Dist. Ohio App. 2010) (nunc pro tunc entries filed while appeal pending are nullities)
State v. Biondo, 2009-Ohio-7005 (11th Dist. Portage 2009) (nunc pro tunc corrections and jurisdictional limits during appeal)
State v. Erlandsen, 2002-Ohio-4884 (3d Dist. Allen 2002) (similar considerations on corrections to judgments during appeal)
State v. Rowland, 2002-Ohio-1421 (3d Dist. Hancock 2002) (jurisdictional limits on nunc pro tunc entries during appeals)