State v. Contes

Citations

• 2024 Ohio 2580

Syllabus

Consecutive sentences maximum sentences statutory findings nunc pro tunc R.C. 2953.08(G)(2) R.C. 2929.14(C)(4) ineffective assistance of counsel interpreter hearing impaired. The trial court properly made the requisite statutory findings in the record to satisfy the requirements of R.C. 2929.14(C)(4) to impose consecutive sentences however, the court's judgment entry does not reflect the findings made in open court. The convictions and consecutive sentences are affirmed, but the case is remanded for the limited purpose of the trial court to issue a nunc pro tunc to correct its journal entry to match the findings made in open court pursuant to R.C. 2929.14(C)(4). The imposition of maximum sentence was proper and upheld. Last, trial counsel was not ineffective for failing to secure an interpreter or hearing-impaired assistance when defendant never requested these aids and nothing in the record indicates defendant was unable to understand or hear during the proceedings.