State v. Gordon
2017 Ohio 9085
| Ohio Ct. App. | 2017Background
- Corey D. Gordon was indicted for first‑degree possession of cocaine with a major drug offender (MDO) specification and a separate weapons‑under‑disability charge; firearm spec and the weapons charge were later dismissed as part of a plea deal.
- Gordon pleaded guilty to possession of cocaine and to the MDO specification, admitting the presence of at least 100 grams of cocaine; the trial court accepted the pleas after canvassing him.
- At sentencing the court imposed an 11‑year mandatory prison term and a $10,000 mandatory fine.
- Gordon moved to waive the fine due to indigency; the trial court granted the waiver after the sentencing entry had been journalized.
- The State cross‑appealed, arguing the trial court lacked jurisdiction to modify a final judgment after it was journalized and the sentence had begun.
- The appellate court affirmed the conviction and MDO finding but reversed the court’s post‑journal modification of the sentence and remanded for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gordon) | Held |
|---|---|---|---|
| Whether the trial court made the required determination that Gordon was a Major Drug Offender under R.C. 2941.1410(B) | N/A (State did not challenge MDO finding) | Trial court failed to make an independent finding that Gordon was an MDO | Court held the plea and the court’s canvass constituted a proper finding; MDO determination affirmed |
| Whether the trial court had authority to modify the sentence (waiver of mandatory fine) after the sentencing entry was journalized | Trial court lacked jurisdiction to modify a final judgment after it was journalized and sentence begun | Trial court properly waived the fine based on indigency after motion | Court held the sentencing entry was final once journalized; the post‑journal modification was improper and reversed |
Key Cases Cited
- State v. Carlisle, 961 N.E.2d 671 (Ohio 2011) (criminal sentence is final upon issuance of a final order)
- State v. Lester, 958 N.E.2d 142 (Ohio 2011) (elements that make a journal entry a final order: conviction facts, sentence, judge’s signature, and clerk’s time stamp)