State v. Bishop
Citations
- 2021 Ohio 4168
Syllabus
Crim.R. 36 nunc pro tunc entry jurisdiction to correct sentence. The trial court sentenced defendant to an 18-month prison sentence in open court, but the journal entry reflecting the sentence stated the court imposed an 8-month prison sentence. After defendant fully served the 8-month sentence, as allowed by Crim.R. 36, the trial court filed a nunc pro tunc entry to correct the error in the term of the sentence. Defendant moved the trial court to vacate the nunc pro tunc entry, which motion was denied. Because the trial court was without jurisdiction to modify defendant's sentence after the defendant fully served the sentence in the original sentencing entry, the judgment of the trial court denying the motion to vacate the nunc pro tunc is reversed.
Judges: Sheehan
Read full opinion on CourtListenerCited by
1 case in this archive cites this case.
Cites
9 cases in this archive are cited by this case.
- State v. BezakOhio Supreme Court· 2007-07-11· cited 453×
- State v. SimpkinsOhio Supreme Court· 2008-03-20· cited 401×
- State v. Harper (Slip Opinion)Ohio Supreme Court· 2020-05-14· cited 319×
- State v. Henderson (Slip Opinion)Ohio Supreme Court· 2020-10-07· cited 274×
- Hernandez v. KellyOhio Supreme Court· 2006-01-12· cited 264×
- State v. HoldcroftOhio Supreme Court· 2013-11-20· cited 230×
- State v. BloomerOhio Supreme Court· 2009-06-09· cited 203×
- State v. Hudson (Slip Opinion)Ohio Supreme Court· 2020-07-30· cited 55×
- State v. SmithOhio Court of Appeals· 2021-09-09· cited 16×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.