2013 Ohio 3968
Ohio Ct. App.2013Background
- Ms. Neumann-Boles caused a DUI crash and was charged with two aggravated vehicular assault counts, with enhancements for penalties.
- The trial court, after a prior appellate remand, sentenced her at a May 2012 resentencing hearing for a third-degree felony as instructed.
- June 5, 2012 entry incorrectly stated guilt/conviction for a second-degree felony and referenced counts inconsistently.
- On June 11, 2012 she moved to vacate; the July 20, 2012 hearing led to a decision to resentence and issue a new entry.
- The August 10, 2012 entry refinanced the judgment but did not reflect the May 2012 determination and was later vacated.
- The appellate court vacated the August 10, 2012 entry and instructed correction of the June 5, 2012 entry via nunc pro tunc.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the June 5, 2012 entry void for exceeding remand scope? | Neumann-Boles contends the entry exceeded remand instructions. | State argues the entry reflected a clerical discrepancy that could be corrected. | Entry not void; clerical error; correction via nunc pro tunc permitted. |
| Did the trial court have authority to resentence and enter a new judgment in August 2012? | Neumann-Boles asserts lack of authority after final judgment. | State contends remand permits correction to reflect actual decision. | August 10 entry vacated; trial court lacked authority to enter a new sentence, must nunc pro tunc correct June 5 entry. |
| Whether the May 2012 resentencing hearing complied with remand instructions. | Neumann-Boles argues the process did not reflect proper sentence. | State maintains hearing reflected remand to third-degree sentence. | Hearing reflected third-degree conviction/sentence; clerical error in the entry, not the substance. |
| Whether the June 5, 2012 entry reflects a proper conviction for a third-degree felony. | Neumann-Boles asserts the entry misstates the conviction. | State asserts the sentence and conviction align with remand and May 2012 proceedings. | June 5 entry reflects third-degree felony; clerical discrepancies in the written entry require nunc pro tunc correction. |
Key Cases Cited
- State v. Qualls, 131 Ohio St.3d 499 (2012-Ohio-1111) (clerical errors may be corrected by nunc pro tunc entry)
- State v. Miller, 127 Ohio St.3d 407 (2010-Ohio-5705) (trial court may correct clerical errors but not resentence a final judgment)
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (Crim.R. 32(C) finality and authority to review judgments)