2014 Ohio 1814
Ohio Ct. App.2014Background
- Defendant-appellant Horn was convicted by jury of grand theft of a motor vehicle, aggravated robbery with a firearm specification, and kidnapping with firearm specifications.
- He was sentenced on October 31, 2008 to a total term of 14 years and six months.
- The October 31, 2008 sentencing entry recorded conviction, sentences, consecutive terms, judge’s signature, and clerk’s time stamp.
- A December 17, 2009 nunc pro tunc judgment corrected the entry to state the manner of conviction for Crim.R. 32(C) compliance.
- Horn appealed the conviction; direct appeals were affirmed or denied by the state appellate court and Ohio Supreme Court declined jurisdiction.
- On December 3, 2013 the trial court denied Horn’s motion for a final appealable order, which he challenges as improper under Crim.R. 32(C) and Baker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a final appealable order given multiple judgments | Horn argues Baker requires a single document | Horn contends there were three judgments and no final order | No; October 31, 2008 entry was final and appealable; nunc pro tunc entry corrected form, not new order; res judicata applies to new challenges |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (2008) (four elements must appear in one document for finality)
- State v. Lester, 130 Ohio St.3d 303 (2011) (nunc pro tunc corrections to satisfy Crim.R. 32(C) do not create new final orders)
- State v. Perry, 10 Ohio St.2d 175 (1967) (valid, final judgment on the merits bars subsequent actions)