2020 Ohio 3723
Ohio Ct. App.2020Background
- Goodson was charged with one count of drug trafficking and one count of possessing criminal tools (initially fifth‑degree felonies, each with forfeiture specs).
- He moved to suppress; the trial court denied the motion after a hearing.
- At trial the jury hung on trafficking; the state nolled that count and the jury convicted Goodson of the lesser‑included offense of drug possession (fourth‑degree misdemeanor) and of possessing criminal tools (first‑degree misdemeanor).
- At sentencing the court ordered forfeiture of a scale, returned $1,244, waived costs/fines, and stated only "time served" — without expressly imposing a separate sentence for each conviction.
- Goodson timely appealed the suppression ruling; the court sua sponte questioned whether a final, appealable order existed because of the court’s blanket sentence.
- After briefing, the appellate court held it lacked jurisdiction and dismissed the appeal because the sentencing entry failed to impose individual sentences for each conviction (so no final judgment).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is reviewable given the trial court’s blanket "time served" sentence for multiple convictions | The State: the sentencing entry does not create a final, appealable order because the court imposed a blanket sentence for more than one conviction | Goodson: the blanket "time served" sentence was a clerical error that can be corrected by a nunc pro tunc entry or remand, so the appeal should proceed on the suppression issue | Appeal dismissed for lack of jurisdiction — the sentencing did not impose separate sentences for each conviction, so the judgment is not final and cannot be cured by nunc pro tunc |
Key Cases Cited
- State v. Saxon, 846 N.E.2d 824 (Ohio 2006) (individual sentences required; a blanket sentence for multiple convictions renders the judgment nonfinal)