[Cite as State v. Greene, 2011-Ohio-2021.]
COURT OF APPEALS
DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Sheila G. Farmer, P.J.
Plaintiff-Appellee : Hon. Julie A. Edwards, J.
: Hon. Patricia A. Delaney, J.
-vs- :
:
JOSEPH DEWITT GREENE : Case No. 10CAA060045
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from Court of Common Pleas,
Case No. 95CRI030149
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: April 19, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
DOUGLAS DUMOLT JOSEPH D. GREENE, PRO SE
140 North Sandusky Street #608-338
Delaware, OH 43015 P.O. Box 1812
Marion, OH 43301
Delaware County, Case No. 10CAA060045 2
Farmer, P.J.
{¶1} On September 25, 1995, the trial court sentenced appellant, Joseph
Dewitt Greene, to an aggregate indefinite term of twelve to twenty years in prison. The
sentence was ordered to be served concurrently with a sentence appellant was serving
in federal prison.
{¶2} On March 22, 2010, appellant filed a motion for leave to file a motion to
correct sentence, arguing there was an unnecessary delay in executing his sentence
which in effect increased his sentence. By judgment entry filed May 13, 2010, the trial
court denied the motion.
{¶3} Also on May 13, 2010, the trial court filed a nunc pro tunc judgment entry
on sentence, presumably to comply with Crim.R. 32 and the decision of State v. Baker,
119 Ohio St.3d 197, 2008-Ohio-3330.
{¶4} On June 8, 2010, appellant filed a notice of appeal on the May 13, 2010
entry. On same date, the trial court filed a second nunc pro tunc judgment entry on
sentence to clarify an issue on the firearm specification sentence.
{¶5} This matter is now before this court for consideration. Assignments of
error are as follows:
I
{¶6} "JUDGMENT OF CONVICTION IS IN VIOLATION OF CRIMINAL RULE
32(C)."
II
{¶7} "A BREACH OF PLEA AGREEMENT WITHIN WRITTEN TEXT OF RULE
11(F) NEGOTIATIONS."
Delaware County, Case No. 10CAA060045 3
III
{¶8} "INTERRUPTION OF PETITIONER'S STATE SENTENCING IN
VIOLATION OF 14TH AMEND DUE PROCESS (LIFE, LIBERTY, OR PROPERTY)."
IV
{¶9} "CONTEMPT OF COURT BY THE DELAWARE COUNTY
PROSECUTOR AND SHERIFF TO ACCOMPLISH ITS DUTIES AS ORDERED BY
THE COURT."
V
{¶10} "DEFENDANT WAS MISTAKENLY TRANSFERRED TO FEDERAL
AUTHORITIES WITHOUT PROPER JURISDICTION."
I
{¶11} Appellant now claims his original judgment entry on sentencing was void
and failed to conform to Crim.R. 32(B) and Baker, supra, therefore, he was entitled to a
de novo resentencing hearing. We disagree.
{¶12} In Baker at syllabus, the Supreme Court of Ohio held the following:
{¶13} "A judgment of conviction is a final appealable order under R.C. 2505.02
when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon
which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4)
entry on the journal by the clerk of court. (Crim.R.32(C), explained.)"
{¶14} We note "[n]othing in Baker discusses void or voidable sentences." State
v. Fischer, 128 Oho St.3d 92, 2010-Ohio-6238, ¶39.
{¶15} On May 13, 2010, the trial court issued a nunc pro tunc judgment entry on
sentence which corrected any Baker violations. We find the trial court did not err in
Delaware County, Case No. 10CAA060045 4
correcting any Baker violations via a nunc pro tunc entry. State v. Harvey, Allen App.
No. 1-09-48, 2010-Ohio-1627. The May 13, 2010 judgment entry is a final appealable
order.
{¶16} Assignment of Error I is denied.
II, III, IV, V
{¶17} Appellant challenges the events from the original judgment entry on
sentencing (September 25, 1995) to the May 13, 2010 nunc pro tunc judgment entry on
sentencing. It is appellant's position that his state sentence was "interrupted" by his
return to federal prison to complete his federal sentence and the prosecutor and sheriff
improperly conveyed him to federal jurisdiction. We disagree.
{¶18} In its September 25, 1995 judgment entry on sentence, the trial court
clearly ordered the state sentence to run concurrently with the federal sentence. Once
appellant was released from federal custody, he was placed in a state facility to
complete his state sentence.
{¶19} There is no proof that appellant has not received his jail time credit. To
the contrary, the state points out on October 7, 2009 and December 2, 2009, the Ohio
Parole Authority noted in its decisions that appellant earned jail time credit for the full
time he spent in the federal penitentiary. Appellee's Brief at 5.
{¶20} Assignments of Error II, III, IV, and V are denied.
Delaware County, Case No. 10CAA060045 5
{¶21} The judgment of the Court of Common Pleas of Delaware County, Ohio is
hereby affirmed.
By Farmer, P.J.
Edwards, J. and
Delaney, J. concur.
_s/ Sheila G. Farmer__________________
_s/ Julie A. Edwards__________________
_s/ Patricia A. Delaney________________
JUDGES
SGF/sg 325
Delaware County, Case No. 10CAA060045 6
IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
JOSEPH DEWITT GREENE :
:
Defendant-Appellant : CASE NO. 10CAA060045
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Delaware County, Ohio is affirmed. Costs to
appellant.
_s/ Sheila G. Farmer__________________
_s/ Julie A. Edwards__________________
_s/ Patricia A. Delaney________________
JUDGES