STATE OF OHIO, Plaintiff-Appellee, vs. SEAN JACQUILLARD, Defendant-Appellant.
APPEAL NO. C-140001
TRIAL NO. B-0700868
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
October 3, 2014
2014-Ohio-4394
Judgment Appealed From Is: Affirmed and Cause Remanded
Date of Judgment Entry on Appeal: October 3, 2014
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Rachel Lipman Curran, Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Rubenstein & Thurman, L.P.A., and Scott A. Rubenstein, for Defendant-Appellant.
Please note: this case has been removed from the accelerated calendar.
HILDEBRANDT, Judge.
{¶1} Defendant-appellant Sean Jacquillard entered guilty pleаs to two counts of nonsupport of dependents, in violation of
{¶2} In April 2010, Jacquillard was found guilty of violating his community control and the trial сourt sentenced him to an aggregate sentence of 24 months’ imprisonment. But the trial court granted Jacquillard a 90-day stay before the sentence took effect. Jacquillard absconded during that time, but was eventually arrested in Florida in November 2012, and returned to Ohio. Upon his return, the trial court conducted a sentencing hеaring and imposed a 12-month prison term for each offense, to be served consecutively.
{¶3} Jacquillard appealed from the judgment revoking his community control and imposing sentence. We vacated the trial court‘s imposition of consecutive sentences and remanded the matter to the trial court to comply with
{¶5} Jacquillard now aрpeals, bringing forth a single assignment of error, contending that the trial court erred by imposing a sentence that is not supported by the findings in the record. He contends that he has made great progress during his first year in prison аnd deserves to be released from prison in order to pay his child support obligation.
{¶6} Our review of felony sentences is governed by
{¶7}
{¶8} We conclude that the trial court‘s findings are supported by the record. Jacquillard owed over $50,000 in past-due child support and had lied to the court by promising to use proceeds from a settlement he was to receive to рay down his child support obligation, but then never did so. Further, Jacquillard failed to pay his child-support obligatiоn while on community control, and while awaiting sentencing for his community-control violations, he absconded frоm the jurisdiction. We, therefore, overrule Jacquillard‘s sole assignment of error and affirm the trial court‘s impоsition of consecutive sentences.
{¶9} We note that the trial court, while making the required findings for consecutive sentences on the record at the sentencing hearing, failed to make the findings a part of the sentencing entry as required by the Ohio Supreme Court‘s decision in State v. Bonnell, Slip Opinion No. 2014-Ohio-3177. But the trial court‘s “failure to incorporate the statutory findings into the sentencing entry after properly making those findings at the sentencing hearing [did] not render the sentence contrary to law[.]” Id. at ¶ 30. Instead, “such a clerical mistake may be corrected by the court thrоugh a nunc pro tunc entry to reflect what actually occurred in open court.” Id. Therefore, we affirm the judgment of the trial court, but remand the cause for a nunc pro tunc order correcting the omission оf the consecutive-sentences
Judgment accordingly.
CUNNINGHAM, P.J., and HENDON, J., concur.
Please note:
The court has recorded its own entry on the date of the release of this opinion.