State v. Sands
2017 Ohio 5857
Ohio Ct. App.2017Background
- In 2006 Joseph A. Sands was convicted (jury) of engaging in a pattern of corrupt activity and multiple conspiracy counts; he received consecutive 10-year terms for a total of 20 years.
- Sands’ convictions arose from plots to murder several public officials; he also received a federal sentence.
- On prior appeal this court affirmed convictions but later found the original sentencing entry incorrectly imposed postrelease control; that portion was vacated and the case remanded for resentencing on that issue.
- A nunc pro tunc sentencing entry correcting postrelease control was filed November 15, 2016 after a hearing on November 10, 2016.
- Sands appealed only the November 15, 2016 nunc pro tunc entry, raising (1) that the nunc pro tunc entry was not a final appealable order under State v. Baker, and (2) that the trial court improperly merged conspiracy counts but left dismissed counts in the journal entry (allied-offenses argument).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of nunc pro tunc correction of postrelease control | State: trial court may correct postrelease control for an in-custody defendant via R.C. 2929.191 and a nunc pro tunc entry | Sands: the nunc pro tunc entry is void/not a final appealable order under State v. Baker | Court: affirmed validity; nunc pro tunc correction permissible while defendant remains in state custody |
| Merger / allied-offenses and presence of dismissed conspiracy counts in journal | State: merger and sentencing as performed were proper; issue barred by res judicata and outside remand scope | Sands: conspiracies were allied; court should have dismissed and removed merged conspiracy counts from journal entry, citing State v. Williams | Court: rejected Sands’ allied-offense claim as substantively incorrect and previously litigated (res judicata); not reviewable on this limited remand |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (Ohio 2008) (requirements for a final appealable order in criminal cases)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars claims that were or could have been raised on direct appeal)