State v. MillerState v. Miller
Lead Opinion
DECISION AND JOURNAL ENTRY This cause was heard upon the record in the trial court and the following disposition is made:
{¶ 1} Defendant/Appellant, Michael L. Miller, appeals from his conviction and sentencing in the Medina County Court of Common Pleas.
{¶ 2} In November 2005, Defendant was indicted on one count of receiving stolen property, in violation of
Assignment of Error No. 1
“The trial court erred by denying [Defendant‘s] motion to discharge pursuant to
R.C. 2945.73 where: (1) more than two hundred seventy days had elapsed for purposes of calculating speedy trial time under Ohio‘s speedy trial act,R.C. 2945.71 et seq.; and (2) [Defendant‘s] failure to respond to the state‘s demand for discovery did not toll time pursuant toR.C. 2945.72(D) because the state never filed a motion to compel discovery and [Defendant] had no discoverable material to provide the state in any event.”
Assignment of Error No. 2
“[Defendant‘s] trial counsel provided ineffective assistance of counsel in violation of the
sixth amendment to the United States Constitution , where he failed to promptly respond in writing to the state of Ohio‘s demand for discovery thus resulting in both the trial court‘s determination that speedy trial time was tolled pursuant toR.C. 2945.72 and its denial of [Defendant‘s] motion for discharge pursuant toR.C. 2945.73 .”
{¶ 3} We are obligated to raise sua sponte questions related to our jurisdiction. Whitaker-Merrell Co. v. Geupel Constr. Co. (1972), 29 Ohio St.2d 184, 186. We find that the trial court‘s judgment entry fails to satisfy the requirements of
{¶ 4}
“A judgment of conviction shall set forth the plea, the verdict or findings, and the sentence. * * * The judge shall sign the judgment entry and the clerk shall enter it on the journal. A judgment is effective only when entered on the journal by the clerk.”
“This rule requires that the trial court‘s judgment of conviction contain:
“1. the plea;
“2. the verdict or findings;
“3. the sentence;
“4. the signature of the judge; and
“5. the time stamp of the clerk to indicate journalization.” Id. at *2.
{¶ 6} We are compelled to revisit this holding in light of the number of cases that do not comply with
The Plea
{¶ 7}
{¶ 8} Notwithstanding the importance of stare decisis, there are times when courts must reconsider their prior decisions; this is one of those times. We
{¶ 9} After a review of the trial court‘s journal entries (because the plea is not set forth in the judgment entry), we find that Defendant entered a plea of no contest to one count of receiving stolen property. Therefore, following Morrison, we find that the trial court complied with the first requirement of
{¶ 10} For judgment entries entered after this decision is journalized, this Court will not search the record to determine what plea the defendant entered. The trial court‘s judgment entry must comply fully with
The Verdict or Findings
{¶ 11}
{¶ 12} In this case, the trial court failed to set forth a finding of guilt. Instead, the judgment entry stated that the Defendant “has been convicted” of receiving stolen property:
“The Court finds the defendant has been convicted of `Receiving Stolen Property‘, a violation of Revised Code section
2913.51(A) , a felony of the fifth degree.”
{¶ 13} This language fails to enter a finding of guilt. The trial court must, as mandated by
“[T]he trial court never entered a finding of `guilty.’ The only reference to a guilty finding is contained in the trial court‘s October 10, 2005 judgment entry of sentence wherein the trial court stated, `Defendant has previously been found “GUILTY” of violation(s) of Sec. 2917.21A5.’ This statement does not reflect that in fact a guilty finding was ever made.” State v. Meese, 5th Dist. No. 2005AP11075, 2007-Ohio-742 (emphasis added).
{¶ 14} In this case, the trial court‘s judgment entry failed to enter the requisite finding of guilt.
{¶ 15} Finally, we agree with the Fourth District‘s analysis in State v. Sandlin, 4th Dist. No. 05CA23, 2006-Ohio-5021:
“[Although it is obvious that the trial court found Appellant guilty of this remaining charge (because a sentence for that charge was imposed),
Crim.R. 32(C) requires that the verdict itself be recorded in the court‘s journal. Without the journalization of this information, there is no judgment of conviction pursuant toCrim.R. 32(C) , and therefore, no final appealable order.” Sandlin, at *3.
{¶ 16} In this case, we find the trial court failed to set forth a finding of guilt as
The Sentence
{¶ 17} Our review of the sentence establishes that the trial court‘s judgment entry sets forth a sentence for the sole count at issue. Therefore, the judgment entry complies with
The Signature of the Judge
{¶ 18} The trial court‘s judgment entry bears the signature of the trial court judge. Therefore, it complies with
The Time Stamp of the Clerk to Indicate Journalization.
{¶ 19} Finally, the trial court‘s judgment entry bears the time stamp of the clerk of the trial court. Therefore, it complies with
Conclusion
{¶ 20} The trial court‘s judgment entry fails to comply with
Appeal Dismissed.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run.
Costs taxed to Appellant.
Concurrence Opinion
{¶ 21} Although I do concur that this Court lacks jurisdiction in the case instanter since no finding of guilt was made here after the entering of a no contest plea, I do not agree with the remainder of the majority‘s analysis under