State v. Lusane , 2019 Ohio 3549 ( 2019 )

[Cite as State v. Lusane, 2019-Ohio-3549.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
STATE OF OHIO, : OPINION
Plaintiff-Appellee, :
CASE NO. 2019-P-0027
- vs - :
MATTHEW M. LUSANE, :
Defendant-Appellant. :
Criminal Appeal from the Portage County Municipal Court, Ravenna Division, Case No.
2015 TRC 1134 R.
Judgment: Reversed and remanded.
Victor V. Vigluicci, Portage County Prosecutor, and Pamela A. Holder, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, Ohio 44266 (For Plaintiff-Appellee).
Matthew Lusane, A660-925, Trumbull Correctional Institution, 5701 Burnett Road, P.O.
Box 640, Leavittsburg, Ohio 44430 (Defendant-Appellant).
THOMAS R. WRIGHT, P.J.
{¶1} Appellant, Matthew M. Lusane, appeals the denial of his motion to revise
his sentencing judgment. As asserted, the trial court has not issued a single judgment
setting forth both the fact of conviction and sentence.
{¶2} The trial court noted on the case file jacket that appellant plead guilty to
operating a vehicle while intoxicated. That notation is time-stamped but not signed and
does not find appellant guilty. Separately, in a judgment entry, the trial court imposed a
thirty-day jail term, suspended appellant’s driver’s license for two years, and fined him
$550 and court costs. That judgment does not find appellant guilty.
{¶3} Appellant appeals the denial of his motion to issue a single judgment setting
forth the fact of conviction and sentence:
{¶4} “The trial court abused its discretion by denying defendant-appellant’s
motion to revise the 2005 sentencing journal entry where it fails to comply with Crim.R.
32(C).”
{¶5} Appellant is entitled to, but did not receive, a single entry setting forth the
fact of conviction and sentence. Crim.R. 32(C); State v. Lester, 130 Ohio St. 3d 303,
2011-Ohio-5204, 958 N.E.2d 142, paragraph one of the syllabus. Failure to grant his
motion constitutes reversible error. State ex rel. Daniels v. Russo, 156 Ohio St. 3d 143,
2018-Ohio-5194, 123 N.E.3d 1011.
{¶6} Accordingly, the trial court’s judgment is reversed and remanded.
CYNTHIA WESTCOTT RICE, J.,
MARY JANE TRAPP, J.
concur.
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