State v. Pruitt
2012 Ohio 1535
Ohio Ct. App.2012Background
- Appellant Kenny Pruitt pled no contest to 12 charges after suppression motion; trial court found him guilty on all counts.
- May 27, 2011 nunc pro tunc sentencing entry imposed a 10-year aggregate sentence, but did not sentence Count 6 because it was deemed identical to Count 1.
- Trial court had previously found Count 6 guilty; this court remanded to clarify, but the journal entry stated no sentence on Count 6 due to redundancy.
- The journal entry did not dispose of all charges or merge allied offenses, leaving the judgment non-final for appeal.
- This court dismisses the appeal for lack of a final, appealable order; costs awarded to appellee; mandate to issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the judgment a final, appealable order? | Pruitt | Pruitt | No; not final. |
| Does failure to dispose of all charges render journal non-final? | Pruitt | Pruitt | Yes; journal is non-final. |
| Must counts be merged or sentenced to finalize a judgment? | Pruitt | Pruitt | Yes; required disposition of all counts. |
Key Cases Cited
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (finality requires judgment with conviction, sentence, judge’s signature, and clerk entry time stamp)
- State v. Goodwin, 9th Dist. No. 23337, 2007-Ohio-2343 (2007-Ohio-2343) (failure to dispose of all charges renders journal non-final)
- Torco Termite Pest Control v. State, 27 Ohio App.3d 233 (10th Dist.1985) (allied offenses must be merged, dismissed, or sentenced to finalize)