State v. Todd

Citations

• 233 N.E.3d 181
• 2023 Ohio 4847

Syllabus

Judgments affirmed. The trial court did not err when ruling that the state was not entitled to a nunc pro tunc entry stating appellee's classification as a sexual predator under Megan's Law, former R.C. 2950.09, that was absent from the sentencing entries in appellee's criminal judgments. Sexual offender classification proceedings under Megan's Law are civil, not criminal. Because no judgment entry journalized the classification, there was no final appealable order terminating appellee's civil proceedings under Megan's Law. The trial court incorrectly ruled that res judicata prevented the state from obtaining a nunc pro tunc entry to remedy a substantive, nonclerical error that it had failed to appeal. Res judicata does not apply in the absence of a final, appealable order. Nevertheless, the trial court properly overruled the request. The trial court also properly granted the appellee's petition for reclassification under the Adam Walsh Act, R.C. 2950.031(E).