State v. Armengau

Citations

• 2025 Ohio 354

Syllabus

In case No. 22AP-711, appellant's challenge to his conviction on Count 15 is barred by res judicata, as appellant challenged his conviction in previous appeals and postconviction motions. Appellant was not entitled to credit for more than 30 months against his sentence on Count 15. He was entitled to credit for the 30 months he served under Count 17, for conduct that was alleged under Count 15, as previously ordered by this court. Judgment affirmed in case No. 22AP-722. In case No. 23-570, the trial court did not lack jurisdiction to enter a nunc pro tunc clarification of the sentence it imposed on appellant on November 8, 2022. The corrected amended judgment entry, filed in September 2023, did not change the substance of appellant's sentence but merely instructed the Ohio Department of Rehabilitation and Correction how to implement the 30-month credit ordered by this court and incorporated into appellant's sentence by the trial court. As the September 2023 amended judgment entry did not substantively alter the November 8, 2022 amended judgment entry, however, it was not a new final order from which an appeal may be taken. Case No. 23AP-570 is dismissed for lack of a final, appealable order.