State v. Mock
2017 Ohio 8866
Ohio Ct. App.2017Background
- On January 18, 2015, Clifford D. Mock was in an I-90 crash in which his passenger was seriously injured; Mock refused post-accident chemical testing.
- A Cuyahoga County grand jury indicted Mock on three counts: aggravated vehicular assault (two counts, with driving-under-suspension specifications) and DUI (misdemeanor).
- Pursuant to a plea agreement, Mock pled guilty to one aggravated vehicular assault (third-degree) and the DUI count; the remaining count was nolled. The court ordered a presentence investigation.
- At sentencing, the court imposed three years’ imprisonment on the aggravated vehicular assault count and six months on the DUI count, to run concurrently (defendant orally told six months in open court but journal entry initially conflicted).
- Mock appealed, arguing the three-year prison term was not supported by the record because the court failed to properly consider mitigating factors (remorse, substance-abuse history, mental-health issues).
- The appellate court affirmed the sentence as within statutory ranges and supported by the record, but remanded for a nunc pro tunc entry to correct a clerical inconsistency between the oral sentence and the journal entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the three-year prison sentence is supported by the record and not contrary to law | State: sentence is within statutory range and trial court considered R.C. 2929.11 and 2929.12 factors | Mock: trial court failed to adequately consider mitigating factors (remorse, alcohol history, mental health) | Affirmed: sentence within statutory ranges and record shows court considered relevant factors; disagreement over weight is not reversible |
| Whether clerical inconsistencies in the journal entry require correction | State: journal controls but clerical correction is permitted to reflect actual sentence | Mock: (did not press this on appeal) | Remand for limited nunc pro tunc entry to make journal conform to the oral sentence |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516 (2016) (setting standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
- Arnett v. State, 88 Ohio St.3d 208 (2000) (appellate review of sentencing rests largely within trial court's discretion)
- Miller v. State, 127 Ohio St.3d 407 (2010) (a court speaks through its journal; clerical errors may be corrected)
- State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353 (2006) (trial courts retain jurisdiction to correct clerical errors with nunc pro tunc entries)