Does Resentencing To Correct Clerical Omission Create New Opportunity for Offender to Appeal Conviction, Sentence?
After Defendant Has Already Pursued Unsuccessful Appeal Based on Same Issue
State of Ohio v. Sandra Griffin, Case no. 2011-0818
Fifth District Court of Appeals (Coshocton County)
Pursuant to the Supreme Court of Ohio's 2008 decision in State v. Baker, does a trial court's entry of an amended criminal sentencing order in its journal to correct a clerical omission effectively create a first "final appealable order" in the case, thereby empowering the defendant to initiate a new direct appeal challenging all aspects of her conviction and sentence, including issues that have already been litigated in a prior appeal?
In aggravated murder cases in which the trial court is required under R.C. 2929.03(F) to file a sentencing opinion separate from its judgment of conviction, should the judgment of conviction and sentencing opinion be read together in determining whether the court has met the requirements for a "final appealable order" set forth in Criminal Rule 32(C)?