When Restitution Is Not Imposed at Time Sentence Pronounced, May It Be Added Later Via a Journal Entry?

State of Ohio v. Andrew E. Miller, Case no. 2009-1606

8th District Court of Appeals (Cuyahoga County)

ISSUE: When the judge who conducts a sentencing hearing in a criminal case does not impose a requirement of restitution at the time sentence is pronounced in court, and no mention of restitution is included in the original journal entry recording the defendant's sentence, may a different judge later alter the defendant's sentence to impose restitution by means of a "nunc pro tunc" (now for then) entry in the court's journal?