2025 Ohio 3102
Ohio Ct. App.2025Background
- Shanah Newsome, Sr. was indicted on two counts relating to firearms offenses stemming from events at the Baymont Motel in Northwood, Ohio.
- Newsome had prior felony convictions for aggravated assault and domestic violence, making it illegal for him to possess a firearm.
- The State dismissed the charge of improper discharge of a firearm, proceeding only on the charge of having weapons while under disability.
- Newsome was convicted by a jury on the latter charge and sentenced to three years in prison.
- At the sentencing hearing, the trial court stated that post-release control would be discretionary, but the written judgment entry indicated it would be mandatory.
- Newsome appealed only his sentence, arguing that the judgment entry's language was inconsistent with the oral pronouncement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discrepancy between oral sentence and written judgment entry requires reversal or resentencing | Judgment entry's error justifies reversal and resentencing | Error is clerical, should be corrected via nunc pro tunc | Clerical error; remand for nunc pro tunc correction |
Key Cases Cited
- State v. Perry, 2021-Ohio-3525 (use of nunc pro tunc entry to correct clerical errors in sentencing)
- State v. Bucey, 2019-Ohio-4874 (affirming correction of post-release control errors by nunc pro tunc)
- State ex rel. Womack v. Marsh, 2011-Ohio-229 (authority of courts to correct clerical sentencing errors)
- State v. Qualls, 2012-Ohio-1111 (clarifying the proper use and scope of nunc pro tunc sentencing entries)
- State v. Thompson, 2024-Ohio-991 (defining types of clerical errors correctable by the court)