State v. Hidvegi

Citations

• 2019 Ohio 3893

Syllabus

Drug trafficking, sentence, contrary to law, R.C. 2929.14(A)(5), nunc pro tunc. The trial court erred when it imposed a six-year sentence for drug trafficking at the sentencing hearing, but imposed a different sentence in its journal entry. The defendant's six-year sentence for drug trafficking, a felony of the fifth degree, is contrary to law because the trial court was only permitted to impose a sentence of 6 to 12 months. Thus, the defendant's sentence for drug trafficking is vacated and remanded for resentencing. Additionally, the trial court sentenced the defendant to two years for burglary at the sentencing hearing, but imposed a six-year sentence in its journal entry. This error, however, can be corrected through a nunc pro tunc entry to reflect that the defendant was sentenced to two years for his burglary conviction. Finally, the matter is also remanded for the trial court to correct its October 31, 2018, and November 6, 2018 journal entries to reflect that Count 2 for escape was dismissed.