State v. Ludy
2011 Ohio 4544
Ohio Ct. App.2011Background
- Ludy pled guilty in 2007 to two counts of unlawful sexual conduct with a minor and was sentenced to two years per count, to be served concurrently; he was designated a sexually oriented offender and later reclassified as a Tier 2 offender under SB 10 on January 1, 2008.
- After serving his sentence, Ludy was charged in 2010 with failing to notify the sheriff of a new address under SB 10’s notification provisions.
- Ludy moved to dismiss on the theory that his 2007 conviction was void for failure to include the manner of conviction in the sentencing entry, a purported Crim.R. 32(C) defect.
- The trial court later entered a nunc pro tunc sentencing entry setting forth the manner of conviction; Ludy appealed that nunc pro tunc entry.
- The appellate court held the November 2, 2007 entry was not a final appealable order for purposes of predicate offenses, but concluded the nunc pro tunc entry was proper under DeWine v. Burge and that the sole assignment of error was overruled; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nunc pro tunc entry correcting the manner of conviction was proper. | Ludy argues the original sentencing entry was a nullity (Crim.R. 32(C) defect) and cannot be corrected. | State contends clerical correction via nunc pro tunc is proper per DeWine v. Burge and does not render the conviction null. | Nunc pro tunc entry proper; clerical correction allowed; original not a nullity. |
Key Cases Cited
- State ex rel. DeWine v. Burge, 128 Ohio St.3d 236 (Ohio Supreme Court, 2011) (clerical correction of Crim.R. 32(C) omission permitted; no new hearing required)
- State v. Bodyke, 126 Ohio St.3d 266 (Ohio Supreme Court, 2010) (SB 10 reclassification violates separation of powers)
- Williams, Slip Opinion No. 2011-Ohio-3374 (Ohio Supreme Court, 2011) (SB 10 registration retroactivity questioned; punitive aspects)