State v. Reed, 2023 Ohio 1324

Seven-week-old infant M.R. suffered fractures to all four extremities; appellant's husband caused the injuries and appellant delayed several days before seeking medical care.
Appellant Kassandra Reed was indicted for Endangering Children, R.C. 2919.22(A), a third-degree felony; she pleaded guilty.
At sentencing Reed asked for community control; the State requested prison.
Trial court found the injuries severe, concluded community control would demean the offense, credited Reed’s acceptance of responsibility, and imposed a 24-month prison term.
Trial court’s entry mistakenly referenced R.C. 2929.13(B) (applicable to 4th/5th-degree felonies) instead of R.C. 2929.13(C) (3rd-degree felonies); the appellate court affirmed the sentence and remanded for a nunc pro tunc correction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 24-month prison sentence is unsupported by the record and whether community control should have been imposed	Prison appropriate given severity of injuries and delay in care	Community control appropriate because husband caused most injuries; Reed expressed remorse and took responsibility	Affirmed: sentence not contrary to law; appellate court may not substitute judgment for trial court under R.C. 2929.11/2929.12 per State v. Jones
Whether the sentencing entry’s citation error (2929.13(B) vs 2929.13(C)) must be corrected	Trial court’s true action should be reflected in the entry	Entry should be corrected to reflect the statute applicable to 3rd-degree felonies	Remanded for nunc pro tunc correction under Crim.R. 36; nunc pro tunc may only reflect what the court actually did

State v. Jones, 163 Ohio St.3d 242 (limits on appellate reweighing of trial-court factfinding under R.C. 2929.11 and 2929.12)
McKay v. McKay, 24 Ohio App.3d 74 (nunc pro tunc entry may only record the court’s actual prior action)
State v. Jama, 189 Ohio App.3d 687 (an improper nunc pro tunc order is void)