State v. Russell

Citations

• 2022 Ohio 285

Syllabus

At resentencing pursuant to a remand from this court, the trial court merged appellant's aggravated robbery and felony murder offenses and, based on the State's election, resentenced appellant for felony murder. Contrary to appellant's claim otherwise, the trial court did not resentence appellant for aggravated robbery, nor did the trial court impose a term of post-release control for aggravated robbery during the resentencing hearing. The amended sentencing entry does, however, incorrectly reflect that appellant is required to serve a term of post-release control for aggravated robbery. The amended sentencing entry also incorrectly cites felony murder as being in violation of R.C. 2903.04(B) as opposed to R.C. 2903.02(B). These are clerical errors that can be corrected nunc pro tunc. The matter is therefore remanded to the trial court for the sole purpose of issuing a nunc pro tunc entry to correct the clerical errors in the amended sentencing entry. In all other respects, judgment affirmed.