STATE OF OHIO, Plaintiff-Appellee, - vs - MATTHEW M. LUSANE, Defendant-Appellant.
CASE NO. 2019-P-0027
IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO
2019-Ohio-3549
[Cite as State v. Lusane, 2019-Ohio-3549.]
Criminal Appeal from the Portage County Municipal Court, Ravenna Division, Case No. 2015 TRC 1134 R.
Judgment: Reversed and remanded.
Victor V. Vigluicci, Portage County Prosecutor, and Pamela A. Holder, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, Ohio 44266 (For Plaintiff-Appellee).
Matthew Lusane, A660-925, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 640, Leavittsburg, Ohio 44430 (Defendant-Appellant).
THOMAS R. WRIGHT, P.J.
{¶1} Appellant, Matthew M. Lusane, appeals the denial of his motion to revise his sentencing judgment. As asserted, the trial court has not issued a single judgment setting forth both the fact of conviction and sentence.
{¶2} The trial court noted on the case file jacket that appellant plead guilty to operating a vehicle while intoxicated. That notation is time-stamped but not signed and does not find appellant guilty. Separately, in a judgment entry, the trial court imposed a
{¶3} Appellant appeals the denial of his motion to issue a single judgment setting forth the fact of conviction and sentence:
{¶4} “The trial court abused its discretion by denying defendant-appellant‘s motion to revise the 2005 sentencing journal entry where it fails to comply with
{¶5} Appellant is entitled to, but did not receive, a single entry setting forth the fact of conviction and sentence.
{¶6} Accordingly, the trial court‘s judgment is reversed and remanded.
CYNTHIA WESTCOTT RICE, J.,
MARY JANE TRAPP, J.
concur.