Case No. 2011-0202 State of Ohio v. Eric Qualls

 

Date

10-05-2011

Duration

00:26:47

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Can Omission of Postrelease Control from Court's Journal be Remedied by Later 'Nunc pro Tunc' Entry?

When Defendant Was Orally Notified of Requirement at Sentencing Hearing

4th District Court of Appeals (Meigs County)

ISSUE: When a criminal defendant is orally notified at his sentencing hearing that he will be subject to postrelease control following completion of a prison term, but that information is omitted from the court’s written journal entry recording his sentence, may the court later correct that error without a hearing by means of a “nunc pro tunc” journal entry, or must the court conduct a new sentencing hearing?
 
 
TimeTitle
00:00:36E. Kelly Mihocik for Eric Qualls
00:08:15Amanda Bizub-Franzmann for the State of Ohio
00:17:39Summation: E. Kelly Mihocik for Eric Qualls