State v. Hunt ( 2020 )

[Cite as State v. Hunt, 2020-Ohio-6707.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO C.A. No. 29598
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
CHAD HUNT COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
Appellant CASE No. CR-2018-12-4229
DECISION AND JOURNAL ENTRY
Dated: December 16, 2020
HENSAL, Judge.
{¶1} Chad Hunt appeals a judgment of the Summit County Court of Common Pleas
that modified his sentence for aggravated possession of drugs. For the following reasons, this
Court reverses.
I.
{¶2} Mr. Hunt pleaded guilty to one count of aggravated possession of drugs. The trial
court sentenced him to 24 months in prison. It also ordered that his sentence would run
concurrent to the sentences he had received in a few other cases. The court gave Mr. Hunt three
days to report to begin his sentence.
{¶3} Mr. Hunt did not report at the required time. When he was located and returned
to court, the trial court modified his sentence, ordering him to serve it consecutive to the
sentences he had received in the other cases. Mr. Hunt has appealed, assigning as error that the
trial court improperly modified his sentence. The State agrees with Mr. Hunt’s argument.
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II.
ASSIGNMENT OF ERROR
THE TRIAL COURT ABUSED ITS DISCRETION/LACKED AUTHORITY TO
MODIFY APPELLANT’S SENTENCE AFTER FINAL JUDGMENT.
{¶4} Mr. Hunt argues that the trial court improperly modified his sentence. In
reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the
sentencing court abused its discretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate
or modify a felony sentence on appeal only if it determines by clear and convincing evidence”
that: (1) “the record does not support the trial court’s findings under relevant statutes[,]” or (2)
“the sentence is otherwise contrary to law.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-
1002, ¶ 1.
{¶5} “A criminal sentence is final upon issuance of a final order.” State v. Carlisle,
131 Ohio St.3d 127, 2011-Ohio-6553, ¶ 11. “[A] trial court lacks authority to modify a final
criminal sentence even if the sentence has yet to be executed.” State v. Clouser, 9th Dist.
Summit No. 26060, 2012-Ohio-1711, ¶ 7. In Carlisle, the Ohio Supreme Court explained that
there was once authority for a trial court to modify a sentence up until it was executed, but that
authority had become defunct because it was premised on a statute that had been repealed.
Carlisle at ¶ 13-16. We, therefore, conclude that the trial court did not have authority to modify
Mr. Hunt’s sentence. Clouser at ¶ 8 (concluding that trial court could not modify sentence
“under the auspices of it not yet having been executed.”). Mr. Hunt’s sentence is “contrary to
law” under Section 2953.08(G)(2). The assignment of error is sustained.
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III.
{¶6} Mr. Hunt’s assignment of error is sustained. The judgment of the Summit County
Court of Common Pleas is reversed, and this matter is remanded for the trial court to reimpose
Mr. Hunt’s original sentence.
Judgment reversed,
and cause remanded.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellee.
JENNIFER HENSAL
FOR THE COURT
CALLAHAN, P. J.
SCHAFER, J.
CONCUR.
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APPEARANCES:
ANGELA M. KILLE, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant
Prosecuting Attorney, for Appellee.