State v. McLendon
2017 Ohio 1399
Ohio Ct. App.2017Background
- Jaydra McLendon was convicted of aggravated menacing after a bench trial; this is her second appeal.
- On first appeal this court vacated a downgraded menacing conviction and remanded for sentencing on aggravated menacing.
- At resentencing the trial court denied McLendon’s motion for leave to file a new-trial motion and imposed a suspended 30-day jail term, a $240 fine, one year community control, and anger-management.
- McLendon appealed within 30 days, raising challenges to the conviction, the sentence, the denial of the new-trial motion, and ineffective assistance of counsel.
- The appellate court sua sponte examined whether the resentencing entry was a final appealable order and concluded it was not because it did not set forth the fact of conviction in the single journalized document.
- Because the appealed entry lacked the required contents under Crim.R. 32(C) as interpreted by Ohio precedent, the court dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the resentencing entry is a final appealable order | State: Entry is a journalized sentence and thus appealable | McLendon: Entry challenged on merits but implicitly contends appealable | Not final: entry lacked the fact of conviction required to be the single Crim.R. 32(C) judgment document |
| Whether appellate court has jurisdiction to decide merits | State: Appeal should proceed because sentence was journalized | McLendon: Appeal timely and merits should be reached | No jurisdiction; appeal dismissed for lack of a final order |
| Whether multiple documents can jointly constitute final judgment | State: Earlier entry and current entry together reflect proceedings | McLendon: Relies on record as a whole | Court: Only one document can constitute final appealable judgment per Baker; multiple documents not allowed |
| Whether resentencing complied with Crim.R. 32(C) requirements | State: Compliance based on judge’s signature and journal entry | McLendon: Argues errors in conviction/sentencing but entry fails required content | Noncompliant: entry omitted the "fact of conviction," so not final |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163 (holding a judgment of conviction is final only if it contains specified elements under Crim.R. 32(C))
- State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204, 958 N.E.2d 142 (modifying Baker to require the judgment to set forth the fact of conviction)
- Whitacre-Merrell Co. v. Geupel Constr. Co., 29 Ohio St.2d 184, 280 N.E.2d 922 (1971) (appellate court lacks jurisdiction over nonfinal orders)