State v. Priest
2014 Ohio 3843
Ohio Ct. App.2014Background
- Priest was indicted in 2009 for aggravated robbery with a firearm specification, failure to comply with an officer, and having a weapon while under disability.
- The jury acquitted Priest of aggravated robbery but convicted him on the other two charges, with verdict forms filed July 7, 2010.
- The trial court sentenced Priest to five years for each conviction, to be served consecutively, plus $10,000 fines and a five-year license suspension.
- An August 24, 2010 termination entry memorialized the sentence but did not mention the acquitted aggravated robbery charge.
- A January 14, 2011 nunc pro tunc termination entry corrected the manner-of-conviction omission and was signed by a different judge.
- We affirmed Priest’s convictions on direct appeal, and Priest later challenged the adequacy and finality of the termination entries, arguing they were not final appealable orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the termination entry was a final appealable order | Priest: no final order since manner of conviction omitted | State: nunc pro tunc entry corrected the omission | Yes; final order properly formed via nunc pro tunc entry |
Key Cases Cited
- State v. Lester, 130 Ohio St.3d 303, 2011-Ohio-5204 (2011) (finality when judgment states conviction, sentence, judge's signature, and entry time)
- State ex rel. Ferenc v. Davis, 138 Ohio St.3d 136, 2014-Ohio-43 (2014) (judgment final even if manner of conviction omitted; nunc pro tunc correction permissible)
- State ex rel. Davis v. Cuyahoga Cty. Court of C.P., 127 Ohio St.3d 29, 2010-Ohio-4728 (2010) (Crim.R. 32(C) requires full resolution of convictions; disposals of acquittals not mandatory in sentencing entry)
- State ex rel. Harris v. Hamilton Cty. Court of C.P., 139 Ohio St.3d 149, 2014-Ohio-1612 (2014) (signing a judgment entry is ministerial where sentence reflected and judge’s name appears)