2014 Ohio 4122
Ohio Ct. App.2014Background
- In 1981 Eric Davis was convicted of multiple offenses (including murder, arson, aggravated burglary) and his convictions were affirmed on direct appeal.
- In 2013 Davis filed a motion asking the trial court to vacate his sentencing entry, arguing it was void because it failed to state the manner of conviction (that a jury found him guilty).
- The trial court denied the motion on December 5, 2013; Davis appealed that denial.
- Davis argued the sentencing entry was not a final appealable order because it did not comply with Crim.R. 32(C) (omitting the manner of conviction).
- The Ninth District reviewed controlling Ohio Supreme Court precedent and found the entry omitted both the manner and the fact of conviction, concluding a corrected entry (nunc pro tunc) was required.
Issues
| Issue | Davis's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the sentencing entry is not a final appealable order because it fails to state the manner of conviction | The entry is void under Crim.R. 32(C) for omitting the manner of conviction (jury verdict) | The judgment remains final under controlling precedent | Overruled Davis on finality under Lester but found entry still defective because it omitted the fact of conviction; Davis entitled to corrected entry |
| Appropriate remedy for a sentencing entry that fails Crim.R. 32(C) | Vacate or otherwise correct the void entry | Trial court retains limited authority to correct oversight via corrected/nunc pro tunc entry | Remand for the trial court to issue a nunc pro tunc entry stating both fact and manner of conviction |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (2008) (Crim.R. 32(C) requires journaled document stating plea/ verdict/ findings, sentence, judge’s signature, and clerk’s journal entry)
- State v. Lester, 130 Ohio St.3d 303 (2011) (omission of manner of conviction does not defeat finality of judgment)
- State ex rel. DeWine v. Burge, 128 Ohio St.3d 236 (2011) (trial court may issue corrected sentencing entry to cure Crim.R. 32(C) defects)
- State ex rel. Alicea v. Krichbaum, 126 Ohio St.3d 194 (2010) (same remedial principle permitting corrected entries)
- State v. Davis, 4 Ohio App.3d 199 (9th Dist. 1982) (affirming Davis’s original convictions)