State v. Stewart

Summary

The Eighth District Court of Appeals affirmed the issuance of a nunc pro tunc sentencing entry correcting the phrasing of Larry Stewart’s aggravated-murder sentence to reflect life imprisonment with parole eligibility after serving 30 full years. The court held that Stewart invited the alleged error by requesting the correction, and that the amended entry accurately reflected the sentence orally imposed and required by R.C. 2929.03(D)(2)(a).

Holdings

1. A litigant may not obtain reversal based on an error that the litigant invited or induced; because Stewart expressly requested the nunc pro tunc entry and received the relief he sought, any asserted error in using that mechanism was invited and did not constitute reversible error.
2. The trial court's nunc pro tunc entry was authorized by law because it stated the legally correct sentence of life imprisonment with parole eligibility after serving 30 full years under R.C. 2929.03(D)(2)(a), and it accurately reflected the sentence orally announced at the 1997 sentencing hearing.
3. Any error arising from Stewart's absence when the nunc pro tunc entry was issued was harmless because the resulting sentence was legally correct and Stewart suffered no prejudice.

Questions Presented

1. Whether Stewart could obtain appellate relief from a nunc pro tunc sentencing entry that imposed the sentence he had requested.
2. Whether the trial court was authorized to correct the sentencing entry to state life imprisonment with parole eligibility after serving 30 full years under R.C. 2929.03(D)(2)(a).
3. Whether issuing the nunc pro tunc entry outside Stewart's presence violated Crim.R. 43 and required reversal.

Disposition

affirmed