State v. Porch, 2013 Ohio 754

Appellant Oshah M. Porch pleaded guilty in 2009 to aggravated robbery and rape with firearm specifications, receiving a 12-year aggregate term and Tier-III sex offender classification.
Judgment entry reflecting the conviction and sentence was filed July 9, 2009; no direct appeal was filed from the judgment.
In 2012 Porch, pro se, filed a motion arguing defects in the indictment and that the judgment was not a final appealable order under Crim.R. 32(C) as interpreted in Baker.
The trial court denied the motion; Porch appeals challenging indictment/jury forms and the finality of the sentencing entry.
The appellate court held the sentencing entry conforms to Crim.R. 32(C) and Lester; Porch waived indictment and the jury verdict form by pleading guilty.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment defects waived by guilty plea	Porch claims indictment defects require reversal.	Porch’s guilty plea waived indictment errors.	Waived; indictment errors cannot be raised.
Jury verdict form error given guilty plea	Erroneous jury form prejudices Porch.	No prejudice because Porch pleaded guilty, not tried by jury.	No prejudice; guilty plea waives jury-trial rights.
Finality of sentencing entry under Crim.R. 32(C) post-Baker and Lester	Judgment not a final appealable order due to how sentencing/entry is journalized.	Judgment complies with Baker and Lester; constitutes a final appealable order.	Judgment entry complies; no error in finality.

State v. Baker, 119 Ohio St.3d 197 (2008-Ohio-3330) (set forth requirements for a final Crim.R. 32(C) judgment)
State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (limits Baker; requires four elements for finality including time-stamp)
State v. Haney, 180 Ohio App.3d 554 (2009-Ohio-149) (indictment defects waived by guilty plea)
State v. Burnside, 2010-Ohio-3158 (7th Dist. No. 09 MA 179) (issues relating to journalization and finality considerations)