2024 Ohio 72
Ohio Ct. App.2024Background
- Tremaine Johnson was arrested on September 23, 2022, after fleeing from police at the scene of an alleged car break-in; he was found in possession of cocaine, heroin, a cell phone, and $1,263 in cash.
- He was indicted on several counts related to drug trafficking and possession, possession of criminal tools, and obstructing official business.
- Johnson pled guilty to one count each of drug possession, trafficking, and obstructing official business; the remaining charges were dismissed.
- The trial court sentenced Johnson to 12 months for each felony (drug possession and trafficking) and time served for the misdemeanor, with the felonies ordered to run consecutively (total of 24 months).
- There was a clerical error in the sentencing entry that noted the sentences were concurrent instead of consecutive; a nunc pro tunc entry was later issued to correct this.
- Johnson appealed, arguing the record did not support the findings required for consecutive sentences, and challenged the nunc pro tunc entry issued during his appeal.
Issues
| Issue | Johnson's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of consecutive sentences | Consecutive sentences not clearly supported by record and disproportionate | Sentencing was supported by the record; court made necessary findings | Affirmed; record supported consecutive sentences |
| Effect of trial court's nunc pro tunc entry | Nunc pro tunc entry issued after appeal was void | Nunc pro tunc entry was proper to correct a clerical error | Entry void; trial court lacked jurisdiction while appeal pending |
| Sufficiency of sentencing findings under R.C. 2929.14(C)(4) | Record did not support court’s finding of non-disproportionality for consecutive sentences | Trial court explicitly made required findings at hearing and in entry | Trial court complied; findings supported by record |
| Use of pre-sentence investigation | Court failed to consider context or minimize seriousness in light of lesser charges | Court reviewed pre-sentence investigation and recognized danger posed by drugs | Court’s reasoning and consideration found adequate |
Key Cases Cited
- State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353 (Ohio 2006) (defines clerical mistake and allows correction by court)
- State v. Washington, 137 Ohio St.3d 427 (Ohio 2013) (trial court loses jurisdiction upon notice of appeal except to act in aid of the appeal)
- State v. Miller, 127 Ohio St.3d 407 (Ohio 2010) (clerical errors in judgment may be corrected nunc pro tunc)