State v. Pugh

Citations

• 2022 Ohio 3038

Syllabus

Burglary felonious assault second-degree felony judgment entry clerical error indictment plea agreement amended count offense nunc pro tunc plain error standard review limited power Crim.R. 52(B) burden substantial rights exceptional circumstances manifest miscarriage of justice judicial economy allied offenses merger conduct animus import firearm shooting victims harm sentencing mistake offense Reagan Tokes Law, due process constitutional. Crim.R. 52 affords appellate courts \limited power\ to correct plain errors. Trial court did not commit plain error by failing to merge all offenses, which included a burglary offense and two felonious assault offenses, because appellant failed to show there was a reasonable probability that the convictions are in fact for allied offenses of similar import committed with the same conduct and without a separate animus. Testimony was presented that appellant completed the burglary upon entry and then separately committed the felonious assaults while remaining inside. Also, the felonious assault offenses were committed against two victims and resulted in distinct harm. Notice of plain error was not warranted when appellant was properly sentenced on the burglary charge to which he pled, no manifest miscarriage of justice occurred by the trial court's reference to the count as originally indicted at sentencing, the mistake could easily have been corrected if it were raised in the trial court, and judicial economy would be thwarted. The case was remanded for the issuance of a nunc pro tunc judgment entry to correct a clerical error. Appellant failed to demonstrate plain error by the trial court's imposition of an indefinite sentence under the Reagan Tokes Law when his constitutional due-process challenge has previously been rejected by the en banc appellate court.