STATE v. LESTER

Nos. 2010-1007 and 2010-1372.

130 Ohio St.3d 303 (2011)

2011-Ohio-5204

THE STATE OF OHIO, Appellee, v. LESTER, Appellant.

Supreme Court of Ohio.

Decided October 13, 2011.


Attorney(s) appearing for the Case

Edwin A. Pierce , Auglaize County Prosecuting Attorney, and Amy Otley Beckett , Assistant Prosecuting Attorney, for appellee.

Tucker, Ellis, & West, L.L.P., and Jon W. Oebker , for appellant.

Timothy Young , Ohio Public Defender, and E. Kelly Mihocik , Assistant Public Defender, urging reversal for amicus curiae Ohio Public Defender.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Chief Deputy Solicitor General, and David M. Lieberman , Deputy Solicitor, urging affirmance for amicus curiae Ohio Attorney General.

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Scott M. Heenan , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.


CUPP, J.

{¶ 1} We are asked to determine this certified question: Is a nunc pro tunc judgment entry that is issued for the sole purpose of complying with Crim.R. 32(C) to correct a clerical omission in a prior final judgment entry a new final order from which a new appeal may be taken? We conclude that no new right of appeal is created by such an entry, and we affirm the judgment of the court of appeals...

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