State v. Tarver
2013 Ohio 32
Ohio Ct. App.2013Background
- Tarver was charged with drug trafficking; Woods had the violence specification.
- In 1995 Tarver pled to amended charge: attempted drug trafficking with violence specifications, a fourth-degree felony, and was sentenced to six months.
- Tarver's 2010 appeal was dismissed as untimely.
- In June 2012 Tarver moved to correct an illegal sentence, claiming he should have been convicted of a first-degree misdemeanor because the violence specification applied only to Woods.
- The trial court denied the motion; Tarver argued lack of hearing and requested clerical correction.
- The appellate court remands for nunc pro tunc correction to remove the violence specification from Tarver's sentencing journal entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying without a hearing | Tarver | State | Resolved in favor of remand for correction |
| Whether res judicata barred Tarver's claim | Tarver | State | Res judicata barred the claim but clerical correction allowed |
Key Cases Cited
- State v. Perry, 10 Ohio St.2d 175 (1967) (final judgments bar new defenses not raised on appeal)
- State v. Saxon, 2006-Ohio-1245 (Ohio Supreme Court 2006) (issue raised could have been raised on direct appeal)
- State v. Sneed, 2008-Ohio-5247 (8th Dist. 2008) (Crim.R. 36(A) clerical corrections permitted)
- State v. Simmons, 2006-Ohio-5760 (1st Dist. 2006) (permissible correction of sentencing entries)