State v. Isa

Citations

• 2017 Ohio 8335

Syllabus

Defendant-appellant, following a jury trial conducted in 2007, was convicted of thirteen counts of gross sexual imposition and two counts of rape involving five victims. The trial court, at the sentencing hearing, failed to articulate a prison term for three of the gross sexual imposition counts, but the trial court's termination entry reflects a statutorily appropriate prison term regarding these counts. The omission, given how the trial court structured the sentence, did not increase Defendant-appellant's prison term. The trial court's omission did not render Defendant-appellant's sentence on the three gross sexual imposition counts void. As such, since the issue was not raised on direct appeal, the claimed error is barred by the doctrine of res judicata. Further, the trial court's omission is not subject to correction under Crim.R. 36(A) through the filing of a nunc pro tunc entry. Judgment affirmed.