State v. Counts
2014 Ohio 3390
Ohio Ct. App.2014Background
- Counts was charged by a Lawrence County grand jury with trafficking in drugs, possessing criminal tools, and possessing drug abuse instruments.
- Counts pled guilty to an amended trafficking charge and the State dismissed the remaining charges; the trial court accepted the guilty plea.
- The trial court initially filed a judgment entry misstating which counts were dismissed, prompting a nunc pro tunc correction.
- Counts was sentenced to a twelve-month term in prison.
- Counts’ counsel filed an Anders brief; the court found no meritorious issues and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the clerical error in the judgment entry warrants reversal | Counts | Counts says the entry misstated dismissals | No reversible error; clerical mistake corrected nunc pro tunc |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requirements for counsel withdrawing in frivolous appeals)
- State v. Lester, 2013-Ohio-2485 (4th Dist. 2013) (discussed Anders requirements and withdrawal process)
- State v. Tewolde, 2007-Ohio-6330 (4th Dist. 2007) (proper procedure when counsel files an Anders brief)
- State ex rel. Womack v. Marsh, 128 Ohio St.3d 303 (2011-Ohio-229) (clerical errors in judgments corrected by nunc pro tunc entry)
- State v. Barker, 2011-Ohio-4130 (2011-Ohio-4130) (plea validity and Crim.R. 11 colloquy)