State v. Kendrick
2012 Ohio 504
Ohio Ct. App.2012Background
- Kendrick pled guilty to seven counts of rape on January 26, 2005.
- Six pre-S.B.2 rapes and one post-S.B.2 rape informed the sentencing structure.
- Original sentencing: five consecutive indeterminate 10–25 year terms plus a concurrent 10–25 year term and an additional 10-year term for the post-S.B.2 rape.
- Supreme Court remanded for resentencing on post-S.B.2 count in line with Foster.
- In 2011 Kendrick moved to dismiss/vacate, contending the Resentencing Entry was not a final appealable order.
- Trial court denied the motion; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Resentencing Entry was a final appealable order | Kendrick argues the entry lacks finality | State concedes the Crim.R. 32(C) error but argues remedy is nunc pro tunc | No finality defect; remedy is nunc pro tunc entry |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (2008) (final appealable order requires specific entries and journal entry)
- State ex rel. DeWine v. Burge, 128 Ohio St.3d 236 (2011) (nunc pro tunc corrections for Crim.R. 32(C) errors)
- State v. Alicea v. Krichbaum, 126 Ohio St.3d 194 (2010) (nunc pro tunc remedy for Crim.R. 32(C) noncompliance)
- State v. Lester, 130 Ohio St.3d 303 (2011) (clarifies Crim.R. 32(C) implications and remedies)