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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

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