Court of Appeals of Ohio, Fifth District, Richland
appeal from the Richland County Court of Common Pleas, Case
SNYDER Assistant Prosecutor
DEAN #A-169-464 Richland Correctional Institution
P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.
Appellant Ralph Dean appeals the April 6, 2017 nunc pro tunc
sentencing judgment entry of the Richland County Court of
Common Pleas. Appellee is the State of Ohio.
& Procedural History
In 1981, appellant was indicted on one count of aggravated
murder and one count of kidnapping. Appellant was found
guilty of both counts by a jury on August 4, 1982. On August
10, 1982, the trial court issued a judgment entry that
sentenced appellant as follows: to an indeterminate term of
life in prison with parole eligibility in twenty years on
count one, aggravated murder, and 5-15 years on count two,
kidnapping, to be served consecutive to count one.
Appellant filed a direct appeal of his conviction and argued:
he was denied his right to a speedy trial; his conviction was
against the manifest weight of the evidence; the trial court
erred by failing to ensure the indictment was actually filed
with the Clerk of Courts; his conviction was improper due to
defects in the handling of the indictment; the trial court
erred with respect to the jury instructions; the trial court
erred by admitting testimony about a second alleged murder
committed by appellant; the trial court erred by permitting
testimony from an expert witness rendering opinions based
upon facts not within the witnesses' personal knowledge;
and ineffective assistance of counsel. In State v.
Dean, 5th Dist. Richland No. CA-2090, 1983 WL 6385 (Feb.
18, 1983), this Court overruled appellant's assignments
of error and affirmed his convictions.
On June 29, 1983, the trial court filed an amended judgment
entry. The judgment entry stated the August 10, 1982 journal
entry sentencing appellant is amended as follows, "as to
Count 1 of the indictment, the phrase 'with parole
eligibility in 20 years' is stricken and amended to read
'with parole eligibility in 15 years.'"
Appellant did not appeal this entry.
Appellant filed a motion to issue a final appealable order on
March 3, 2017. Appellant argued no final appealable order had
been issued in either 1982 or 1983 that complies with
State v. Baker, 119 Ohio St.3d 197, 893 N.E.2d 163
(2008). Appellee filed a memorandum in opposition. The trial
court issued a nunc pro tunc sentencing judgment entry on
April 6, 2017 to comply with Baker and added the
following language, "defendant was found guilty by a
jury on both counts in the indictment."
Appellant appeals the April 6, 2017 nunc pro tunc sentencing
entry of the Richland County Court of Common Pleas and
assigns the following as error:
"I. THE TRIAL COURT COMPLETELY DEPRIVED DEAN OF HIS
RIGHT TO COUNSEL AT A CRITICAL STAGE OF THE PROCEEDINGS AND
IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED STATES
CONSTITUTION WHEN THE TRIAL COURT MODIFIED AND ALTERED
APPELLANT'S SENTENCE IN THE APRIL 15, NUNC PRO TUNC ENTRY
WITHOUT COUNSEL BEING PRESENT.
"II. DEAN WAS DENIED DUE PROCESS OF LAW IN VIOLATION OF
THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION, AND OHIO CRIMINAL RULE 43, WHEN THE TRIAL COURT
MADE A SIGNIFICANT CHANGE ...