Nunc Pro Tunc Entry OR Resentencing Hearing?

The Fifth District Court of Appeals of Perry County, Ohio, just determined that a nunc pro tunc entry was insufficient to properly sentence a defendant to PRC (postrelease control). At the original sentencing hearing, the defendant was properly informed that they would have to serve a mandatory five years of PRC. But the sentencing entry incorrectly stated that PRC was mandatory "up to three years." There is no dispute there was an error. The question was how to fix it. The trial court determined that it could just do a nunc pro tunc entry since the sentencing entry contained a clerical mistake since the defendant was properly notified at the sentencing hearing. But the Court of Appeals said that a full re-sentencing hearing was required based on State v. Bezak, 2007-Ohio-3250, and State v. Jordan, 2004-Ohio-6085. Not only that, but the Court of Appeals wrote that the defendant's argument that two offenses were allied offenses of similar import is "not ripe for appeal" even though the defendant already lost their appeal from the first, incorrect, sentencing entry. Read the decision here. The way the cases are going, it may be worth it for you to hire me to look at your sentencing entry – even if you already had an appeal! You may be able to get a new sentencing hearing and appeal from that. On the other hand, maybe you should be careful what you wish for. Delawrence A. King got a new sentencing hearing and the trial judge imposed a longer sentence. The Ninth District Court of Appeals allowed this as you can read here. If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.

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