State v. Broadnax
2012 Ohio 2535
Ohio Ct. App.2012Background
- Broadnax was convicted in 2006 on five counts of aggravated robbery and three firearm specifications, receiving a 13-year term (ten years concurrent for robberies and three additional years for specs).
- In August 2011 Broadnax, pro se, filed a sentencing memorandum seeking resentencing to concurrent minimums; the State requested a nunc pro tunc termination entry to reflect no-contest pleas.
- On October 3, 2011 the trial court denied resentencing and granted the nunc pro tunc termination entry, explaining Foster invalidated presumptive minimums and that omission of manner of conviction was a form error.
- The 2006 termination entry did not explicitly state the manner of conviction; the court nevertheless concluded it was not void and cured the defect via Crim.R. 32(C) nunc pro tunc entry filed October 26, 2011.
- Broadnax appealed, arguing the 2006 entry was not final and appealable and that HB 86 should apply as a Foster fix; the court disagreed, holding the 2006 entry was final and HB 86 did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 86 applies to Broadnax's case | Broadnax: 2006 entry not final; HB 86 should apply. | State (Broadnax): HB 86 applies retrospectively to final judgments. | HB 86 inapplicable; final judgment existed before HB 86. |
| Whether the 2006 termination entry was final and appealable | Broadnax contends no final entry due to missing manner of conviction. | State argues entry is final with proper elements. | 2006 entry was final and appealable under Lester. |
| Whether omitting the manner of conviction in the 2006 entry invalidated it or required a nunc pro tunc entry | Omission voids or undermines the termination entry. | Omission is a form error corrected by nunc pro tunc entry; does not create new rights. | Omission is a form error correctly remedied by nunc pro tunc entry. |
Key Cases Cited
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (finality requires conviction, sentence, judge's signature, and clerk's time stamp)
- State v. Du, 2011-Ohio-6306 (2d Dist. Greene No. 2010-CA-27) (form errors do not create appellate rights)
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (invalidated presumptive minimum sentences under former R.C. 2929.14(B))