State v. Scott

Citations

• 2022 Ohio 3549

Syllabus

Sentence consecutive R.C. 2929.14 nunc pro tunc limited remand resentencing. Judgment affirmed. While the trial court initially miscalculated the aggregate sentence at the sentencing hearing, the court later clarified and articulated that the appellant's sentence amounted to an aggregate sentence of 21-years in prison. The trial court's comments on the record and in the sentencing entry confirm this. Therefore, appellant's sentence is 21 years in prison. With regard to the consecutive sentence, we find that the trial court engaged in the three-step analysis of R.C. 2929.14(C)(4) and we cannot \clearly and convincingly\ conclude that the record does not support the trial court's consecutive-sentence findings. When the trial court fails to journalize its consecutive-sentence findings in its sentencing entry, the remedy is a remand to the trial court for the limited purpose of incorporating its consecutive findings into a nunc pro tunc sentencing entry.