2020 Ohio 491
Ohio Ct. App.2020Background
- Appellant Derek Jackson was indicted in two Cuyahoga County cases (CR-18-629181-A and CR-18-629543-A) on multiple drug, weapons, and related charges; many specifications were nolled as part of a plea agreement.
- Jackson pleaded guilty to amended trafficking counts (two fourth-degree felonies; two fifth-degree felonies) and having weapons while under disability in CR-18-629181-A; and to failure to comply, attempted trafficking (amended), and three trafficking counts in CR-18-629543-A.
- Firearm specifications and other counts were nolled; the court ordered a presentence investigation and held a sentencing hearing where both parties recommended prison as an appropriate, nonbinding sanction.
- Sentences: in CR-629543-A, nine months on multiple trafficking counts (concurrent to each other and to CR-629181-A) and nine months for failure to comply (to be served consecutively); in CR-629181-A, 16 months on each fourth-degree count, 12 months on each fifth-degree count (with the fourth-degree terms consecutive to the fifth-degree terms), and 24 months on the weapons-under-disability count (concurrent to trafficking). The court misstated the total for CR-629181-A as 30 months (it was actually 28 months).
- The trial court issued a June 26, 2019 nunc pro tunc entry correcting the journal entry to reflect a 28-month total. Jackson appealed, raising (1) a Crim.R. 11 plea-colloquy challenge and (2) a challenge to the sentencing journal entry/need for correction.
Issues
| Issue | State's Argument | Jackson's Argument | Held |
|---|---|---|---|
| Crim.R. 11 plea compliance (whether the court failed to confirm a stipulated prison term) | The court substantially complied with Crim.R.11; there was no agreed/ binding sentence and the plea colloquy covered charges, penalties, and the effect of the plea | The court failed to confirm Jackson’s agreement to a stipulated prison term, rendering the plea invalid | Court: Substantial compliance with Crim.R.11; no agreed sentence existed; assignment overruled |
| Sentencing journal error / nunc pro tunc correction (whether the court could correct total sentence from 30 to 28 months) | Trial court may correct clerical/mathematical errors by nunc pro tunc/Crim.R.36 to reflect what it actually decided | Journal entry inconsistently stated 28 and 30 months; Jackson challenged the accuracy | Court: Error was clerical/mathematical; nunc pro tunc correction to 28 months proper; assignment overruled |
Key Cases Cited
- State v. Ballard, 66 Ohio St.2d 473 (explaining Crim.R.11's purpose to ensure voluntary, intelligent pleas)
- State v. Stewart, 51 Ohio St.2d 86 (stating the de novo standard for reviewing plea acceptance)
- State v. Engle, 74 Ohio St.3d 525 (trial court must engage in oral dialogue per Crim.R.11)
- State v. Nero, 56 Ohio St.3d 106 (defining substantial-compliance test for nonconstitutional Crim.R.11 matters)
- State v. Veney, 120 Ohio St.3d 176 (applying substantial compliance standard to nonconstitutional aspects of Crim.R.11)
- State v. Qualls, 131 Ohio St.3d 499 (confirming trial courts may use nunc pro tunc to correct judgments to reflect what was actually decided)