Opinion
No. 102062
02-19-2015
STATE OF OHIO PLAINTIFF-APPELLEE v. GREGORY M. VANS DEFENDANT-APPELLANT
ATTORNEY FOR APPELLANT Russell S. Bensing 1350 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 ATTORNEY FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor Justice Center, 9th Floor 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED AND REMANDED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-14-584781-A
BEFORE: Boyle, J., Stewart, P.J., and S. Gallagher, J.
ATTORNEY FOR APPELLANT
Russell S. Bensing
1350 Standard Building
1370 Ontario Street
Cleveland, Ohio 44113
ATTORNEY FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
Justice Center, 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, J.:
{¶1} Defendant-appellant, Gregory Vans, appeals his sentence, raising the following single assignment of error:
The trial court erred by failing to include in its journal entry its findings in support of its imposition of consecutive sentences.
{¶2} A trial court is required not only to make the statutory findings required for consecutive sentences at the sentencing hearing, but also to incorporate its findings into its sentencing entry. State v. Bunnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d 659, syllabus. The failure to include the findings is a "clerical mistake and does not render the sentence contrary to law." Id. at ¶ 30, citing State v. Quails, 131 Ohio St.3d 499, 2012-Ohio-1111, 967 N.E.2d 718, ¶ 15. The omission may therefore be corrected through a nunc pro tunc entry "to reflect what actually occurred in open court." Id.
{¶3} The state, pursuant to Loc.App.R. 16(B), has conceded the error raised by Vans. Our review of the record confirms that the sentencing entry in this case does not include the consecutive sentence findings in the journal entry. Therefore, in accordance with Bunnell, we sustain this assignment of error and remand to the trial court for the limited purpose of incorporating the consecutive sentence findings made at sentencing into the court's entry.
Loc.App.R. 16(B) provides:
Notice of Conceded Error. When a party concedes an error that is dispositive of the entire appeal, the party conceding the error shall file a separate notice of conceded error either in lieu of or in addition to their responsive brief. Once all briefing is completed, the appeal will be randomly assigned to a merit panel for review. The appeal will be considered submitted on the briefs unless the assigned panel sets an oral argument date.
{¶4} Judgment affirmed and case remanded for a new sentencing journal entry.
It is ordered that appellee recover from appellant the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. /s/_________
MARY J. BOYLE, JUDGE
MELODY J. STEWART, P.J., and
SEAN C. GALLAGHER, J., CONCUR