State v. Orosz, Wd-08-048 (7-30-2008)
State v. Orosz, Wd-08-048 (7-30-2008)
Opinion of the Court
{¶ 2} "A judgment of conviction is a final appealable order under R.C.
{¶ 3} The court in Baker further holds that "only one document can constitute a final appealable order." Id. at ¶ 15. Therefore, a judgment of conviction must contain all of the above elements in one document.
{¶ 4} In the instant case, the record indicates that Orosz pleaded guilty on April 4, 2008, and that a judgment reflecting this plea was entered on the court's journal on the same day. The case was then referred for a presentence investigation report. On June 2, 2008, after obtaining the presentence investigation report, the judge sentenced Orosz. A judgment reflecting this sentence was signed by the judge. Thus, the June 2, 2008 document satisfies the second and third requirements in Baker.
{¶ 5} As to the fourth Baker requirement, "the time stamp showing journalization by the clerk of court," we find that it also is satisfied. The sentencing judgment in this case was signed by the judge on June 2, 2008, and was file stamped June 10, 2008 at 4:03 p.m. The judgment was entered on the court's journal on June 11, 2008, as memorialized on the face of the judgment with the following stamp:
{¶ 6} JOURNALIZED
Jun 11, 2008
*Page 3VOL PG
{¶ 7} The numbers 486 and 310 are written in the first and second blanks, respectively. The question is whether these two items taken together can be construed as a "time stamp showing journalization by the clerk of court." We find that they can.
{¶ 8} All judgment entries must be "filed" and "journalized" within 30 days of the "verdict, decree, or decision." Sup. R. 7(A). Further, journalization of a judgment is a requirement of Crim. R. 32(C), which states, "The judge shall sign the judgment and the clerk shall enter it on the journal. A judgment is effective only when entered on the journal by the clerk." Filing and journalizing are two separate acts.
{¶ 9} Filing in county courts is required by R.C.
{¶ 10} The county clerk of court is also required to keep a journal, see R.C.
{¶ 11} We find that the file stamp on the sentencing judgment indicating the date and time the judgment was filed, in conjunction with the notation on the face of the judgment that it was journalized on June 11, 2008, satisfy the fourth Baker condition that a judgment of conviction must contain "the time stamp showing journalization by the clerk of court."
{¶ 12} However, the sentencing judgment in this case does not satisfy the first requirement of Baker, namely it does not state that Orosz pleaded guilty. We find that even though Orosz's guilty plea was entered on the court's journal on April 24, 2008, since the June 11, 2008 sentencing judgment does not set forth the fact that Orosz entered a guilty plea it does not comply with the State v. Baker requirement that all elements of the judgment of conviction must be in one document. Accordingly, there is no final appealable order from which an appeal may be taken.
{¶ 13} In State v. Tripodo (1977),
APPEAL REMANDED.
Arlene Singer, J., William J. Skow, J., Thomas J. Osowik, J., CONCUR.
"The clerk of the court of common pleas shall keep at least four books. They shall be called the appearance docket, trial docket and printed duplicates of the trial docket for the use of the court and the officers thereof, journal, and execution docket * * *."
Reference
- Full Case Name
- State of Ohio v. Steven Orosz, III
- Cited By
- 4 cases
- Status
- Unpublished