State v. Anderson

Citations

• 2024 Ohio 3118

Syllabus

DISCHARGE OF A FIREARM ON OR NEAR PROHIBITED PREMISES — SUFFICIENCY — MANIFEST WEIGHT — INEFFECTIVE ASSISTANCE OF COUNSEL — SENTENCING — NUNC PRO TUNC: Evidence supported defendant's felony-level conviction for discharge of a firearm on or near prohibited premises under R.C. 2923.162(A)(3) where defendant discharged a pistol across a public highway at rush hour, thereby creating a substantial risk of physical harm to persons traversing the highway at the time. Defense counsel was not ineffective for failing to obtain an expert to reconstruct the shooting scene as defendant failed to explain how such an expert could have offered testimony informing the substantial risk of harm beyond the evidence already before the trial court. The trial court erred in including a sentence in the judgment entry that did not match the sentence announced in open court and lacked jurisdiction to issue a nunc pro tunc entry reflecting the sentence announced in open court after defendant had already perfected his appeal of the initial judgment entry however, the court may enter a nunc pro tunc entry on remand to correct the sentencing entry