State v. Sneed , 2014 Ohio 1438 ( 2014 )

[Cite as State v. Sneed, 2014-Ohio-1438.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100380
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
MICHAEL SNEED
DEFENDANT-APPELLANT
JUDGMENT:
REVERSED AND REMANDED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-97-353104
BEFORE: E.A. Gallagher, P.J., McCormack, J., and E.T. Gallagher, J.
RELEASED AND JOURNALIZED: April 3, 2014
[Cite as State v. Sneed, 2014-Ohio-1438.]
ATTORNEY FOR APPELLANT
Paul A. Mancino
Mancino Mancino & Mancino
75 Public Square Building, Suite 1016
Cleveland, OH 44113-2098
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Adam M. Chaloupka
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
[Cite as State v. Sneed, 2014-Ohio-1438.]
EILEEN A. GALLAGHER, P.J.:
{¶1} Michael Sneed appeals the trial court’s decision denying his motion to vacate a
void judgment entry. Sneed argues the trial court imposed a lifetime license suspension in a
manner that was contrary to law. As such, he was entitled to a vacation of that void term of
sentence. Finding merit to the instant appeal, we reverse the decision of the trial court and
remand for proceedings consistent with this opinion.
{¶2} On September 25, 1997, Sneed pleaded guilty to two counts of aggravated
vehicular homicide, five counts of aggravated vehicular assault and one count of driving under
the influence. The trial court sentenced him to a total prison term of 15 and one-half years in
prison on October 24, 1997. Later that same day, the trial court issued a nunc pro tunc
journal entry amending the earlier sentence by imposing a lifetime driver’s license suspension
on Sneed. The transcript of the sentencing proceeding reflects no record of the trial court
imposing the license suspension on Sneed.
{¶3} After years of postconviction litigation, Sneed filed a “Motion to Vacate Void
Entry” on August 9, 2013. In his motion, Sneed argued that the October 24, 1997 nunc pro
tunc journal entry was void and should be vacated. Before the state responded, the trial court
denied Sneed’s motion and Sneed appealed. He was released from prison on October 15,
2013. Sneed raises the following assigned error:
Defendant was denied due process of law when the court in a nunc pro tunc
ii
entry proceeded to increase defendant’s sentence by permanently suspending his
license.
{¶4} In its brief, the state concedes that the trial court was without authority to impose
a lifetime license suspension upon Sneed through a nunc pro tunc entry. Because the record
reflected no pronouncement of a license suspension or an order at the time of the sentence, we
agree with both Sneed and the state and conclude that the court’s use of a nunc pro tunc entry
was improper.
{¶5} Further, because Sneed was released from prison on October 15, 2013, the trial
court no longer has jurisdiction to impose the mandatory lifetime driver’s license suspension.
See State v. Wurzelbacher, 1st Dist. Hamilton No. C-130011, 2013-Ohio-4009.
{¶6} Accordingly, we determine that the trial court erred in denying Sneed’s motion to
vacate void judgment. We, therefore, reverse the decision of the trial court and remand the
matter to the trial court with instructions to note on the record that because Sneed has
completed his prison sentence, he will not be subject to the mandatory license suspension.
See State v. Bloomer, 122 Ohio St.3d 200, 2009-Ohio-2462, 909 N.E.2d 1254; State v. Bezak,
114 Ohio St.3d 94, 2007-Ohio-3250, 868 N.E.2d 961.
It is ordered that appellant recover of appellee his 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 Cuyahoga
iii
County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the
Rules of Appellate Procedure.
EILEEN A. GALLAGHER, PRESIDING JUDGE
TIM McCORMACK, J., and
EILEEN T. GALLAGHER, J., CONCUR
[Cite as State v. Sneed, 2014-Ohio-1438.]