2012 Ohio 5564
Ohio Ct. App.2012Background
- O’Neal involved in a nightclub violence incident in Medina on October 13, 2004 leading to multiple charges and eventual plea.
- Indicted November 21, 2004; pled guilty to kidnapping with firearm specs, felonious assault with specs, carrying a concealed weapon, and illegal firearm possession in a liquor permit premise.
- Trial court merged several counts and sentenced O’Neal to a total of thirteen years.
- Appellate history spanned multiple appeals addressing sentencing, post-release control, and nunc pro tunc entries following State v. Foster.
- A 2010-2012 line of decisions held resentencing was needed for post-release control; April 4, 2007 nunc pro tunc entry reflected the correct total, and terms remained intact.
- In March 2012, O’Neal sought Crim.R. 36 clerical-error correction; the trial court denied, and this appeal challenges that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clerical error in judgment entry | O’Neal asserts clerical error misstates concurrency | State argues no clerical error; totals reflect sentence as heard | Clerical error claim is rejected; no nonfinal judgment; error harmless |
Key Cases Cited
- State v. Foster, 109 Ohio St.3d 1 (Ohio Supreme Court 2006) (conclusion guiding consecutive sentence determination)
- State v. Singleton, 124 Ohio St.3d 173 (Ohio Supreme Court 2009) (requires proper imposition of post-release control)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio Supreme Court 2010) (Fischer governs resentencing scope for post-release control)
- State ex rel. Galloway v. Lucas Cty. Court of Common Pleas, 130 Ohio St.3d 206 (Ohio Supreme Court 2011) (crim.R. 36 and finality; direct appeal remedy for clerical mistakes)