State v. Haddix
2013 Ohio 1974
Ohio Ct. App.2013Background
- Haddix was indicted in 1995 on multiple counts involving a minor; jury convicted all but one count of rape.
- The jury acquitted the second count of statutory rape, yet the May 1995 judgment entry incorrectly sentenced Haddix on that count.
- A nunc pro tunc entry on May 30, 1995 corrected the sentencing to remove the acquitted count and reflected the jury verdict.
- Haddix was sentenced to an aggregate indeterminate term of 17 to 50 years, later appealed in prior appellate proceedings.
- In 2012 Haddix moved for resentencing, arguing the original sentence included a count for which he was acquitted; the trial court denied.
- The Stark County Court of Common Pleas affirmed, and Haddix appealed to the Fifth District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nunc pro tunc correction cured the potential void sentence | Haddix: sentence on acquitted count renders it void | State: correction preserved validity; no void sentence | Correction did not void the sentence; res judicata bars revival |
Key Cases Cited
- State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata as to issues raised on direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (1967) (syllabus on final judgment and appeal)
- State v. Bezak, 114 Ohio St.3d 94 (2007) (void sentence for improper post-release control; de novo not always required)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (limited Bezak; void portion review; focus on proper imposition of post-release control)
- State v. Lester, 130 Ohio St.3d 303 (2011) (final judgment and Crim.R. 32(C) requirements; nunc pro tunc corrections relate back)
- State v. Miller, 127 Ohio St.3d 407 (2010) (nunc pro tunc corrections; clerical corrections do not extend appeal period)