State v. Singfield
2012 Ohio 1331
Ohio Ct. App.2012Background
- In 2008, Singfield was identified by two robbery victims as the assailant who robbed them at a bar parking lot and later on city streets.
- An indictment charged multiple counts of aggravated robbery, robbery, weapon under disability, theft, and petty theft with firearm specifications.
- Singfield was convicted on all counts, and a total sentence of fourteen years was imposed in December 2008.
- A post-judgment motion challenged the firearm specifications as allied offenses; the trial court resentenced in December 2008, but the total sentence remained fourteen years after adjustments.
- This Court previously reversed part of the conviction on recklessness/ deadly weapon elements and later reinstated on reconsideration; issues remained unresolved regarding postrelease control and Crim.R. 32(C) deficiencies.
- In October 2010, Singfield challenged the judgment entry, seeking correction for postrelease-control notification and Crim.R. 32(C) manner of conviction; the court issued a judgment attempting to reimpose the sentence and notify postrelease control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was defective for lacking mental culpability. | Singfield argues indictment omits mental culpability for theft element. | State contends indictment sufficiently charged elements or issues were clarified at trial. | Court declines merits review; remands for nunc pro tunc correction, not merits. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010) (defines scope of resentencing appeal relating to postrelease control)
- State ex rel. DeWine v. Burge, 128 Ohio St.3d 236 (2011) (clerical error in sentencing entries; nunc pro tunc remedy)
- State v. Baker, 119 Ohio St.3d 197 (2008) (nunc pro tunc sentencing entry for correcting sentencing deficiencies)
- State v. Pettyjohn, 2011-Ohio-4461 (9th Dist. 2011) (cites Baker/Burge for nunc pro tunc relief in sentencing corrections)
- State v. Singfield, 2009-Ohio-4172 (9th Dist. 2009) (reversed and reconsidered convictions; procedural posture in appeal)