State v. Wheeler

Citations

• 2017 Ohio 4013

Syllabus

Trial court's error in stating, in the judgment entry of conviction, that the appellant's conviction was the result of a guilty plea, rather than a no contest plea, may be corrected in a nunc pro tunc entry. Trial court did not err in refusing to suppress evidence. Officer had reasonable articulable suspicion that appellant may be armed and dangerous after hearing a gunshot in the appellant's immediate vicinity. Gel capsule felt in appellant's right pants pocket during pat down were recognized by the officer as probable contraband. Upon remand, the trial court may issue a nunc pro tunc order and entry with imposition of sentence that properly identifies the no contest plea. In all other respects the judgment of the trial court is affirmed.