from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney
KRISTINE W. BEARD Assistant Prosecuting Attorney Appellate
Defendant-Appellant BRANDON PATTERSON, pro se.
W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R.
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.
OF THE FACTS AND CASE
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.
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
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
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.
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
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.
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