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State v. Patterson

Court of Appeals of Ohio, Fifth District, Stark

December 11, 2017

STATE OF OHIO Plaintiff - Appellee
v.
BRANDON C. PATTERSON Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2009-CR-0136

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney KRISTINE W. BEARD Assistant Prosecuting Attorney Appellate Section.

          For Defendant-Appellant BRANDON PATTERSON, pro se.

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, Judes.

          OPINION

          Baldwin, J.

         {¶1} Defendant-appellant Brandon Patterson appeals from the July 20, 2017 "Judgment Entry-Re-Sentencing Nunc Pro Tunc As of 6/1/15". Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On March 11, 2009, the Stark County Grand Jury indicted appellant on one count of attempted murder in violation of R.C. 2903.02(A) and 2923.02(B), and two counts of felonious assault in violation of R.C. 2903.11, all containing firearm specifications. Appellant was also indicted on one count of having weapons while under disability in violation of R.C. 2923.13(A)(3). The charges arose from the shooting of two individuals at a party.

         {¶3} A jury trial commenced on April 29, 2009. The jury, on May 1, 2009, found appellant guilty as charged. As memorialized in a Judgment Entry filed on May 19, 2009, the trial court sentenced appellant to an aggregate term of twenty years in prison. Appellant filed an appeal. Pursuant to an Opinion filed on June 28, 2010, this Court affirmed appellant's convictions. State v. Patterson, 5th Dist. Stark No.2009CA00142, 2010-Ohio-2988.

         {¶4} On October 29, 2014, appellant filed a "Motion for Correction of Sentence and Termination Order, claiming that the sentencing entry did not indicate the order in which the sentences were to be served and that the trial court failed to impose a sanction for each offense. By Judgment Entry filed on November 5, 2014, the trial court overruled the motion.

         {¶5} Appellant then filed an appeal. Pursuant to an Opinion filed on May 4, 2015 in State v. Patterson, 5th Dist. Stark No. 2014CA0020, 2015-Ohio-1714, this Court held that the trial court did not err in denying appellant's Motion to Correct Sentence and Termination Order. However, this Court found that appellant was entitled to a new sentencing hearing, limited to the proper imposition of post-release control. While this Court affirmed the judgment of the trial court, this Court remanded the matter to the trial court for the proper imposition of post-release control.

         {¶6} A re-sentencing hearing was held on May 27, 2015. The trial court, via a Judgment Entry filed on June 1, 2015, re-sentenced appellant and imposed a mandatory 5 year term of post-release control.

         {¶7} Appellant then appealed. Pursuant to an Opinion filed on October 13, 2015 in State v. Patterson, 5th Dist. Stark No. 2015CA00125, 2015-Ohio-4325, this Court affirmed the judgment of the trial court.

         {¶8} Thereafter, on July 20, 2017, the trial court issued a "Judgment Entry Prison Sentence Imposed Nunc Pro Tunc As of 5/6/2009." The trial court, in such Judgment Entry, stated that it "has reviewed its sentencing entry filed on May 19, 2009, and the attached transcript from the hearing related to that entry. The Court hereby issues the following nunc pro tunc entry." On July 20, 2017, the trial court also issued a "Judgment Entry- Re-Sentencing Nunc Pro Tunc As of 6/1/15." The trial court, in such Judgment Entry, stated that it "has reviewed its sentencing entries filed on May 19, 2009 and June 1, 2015. After a review of the entries and transcripts from both hearings, the ...


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