State v. Brandon

2025 Ohio 49

• Court: Ohio Court of Appeals
• Decided: January 9, 2025
• Docket: 114173
• Status: Published

Opinion

[Cite as State v. Brandon, 2025-Ohio-49.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, : No. 114173 v. :

MILES A. BRANDON, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: VACATED AND REMANDED RELEASED AND JOURNALIZED: December 12, 2024

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-93-295653-ZA

Appearances:

Cullen Sweeney, Cuyahoga County Public Defender, and John T. Martin, Assistant Public Defender, for appellant.

MICHAEL JOHN RYAN, J.:

Defendant-appellant Miles Brandon appeals from the trial court’s

journal entry dated June 24, 2024.1 We find merit to this appeal.

1 The parties use June 21, 2024, as the date the order was issued. The judge, however, signed the entry on June 24, 2024. The case docket indicates a filing date of June 24, 2024. In 1993, Brandon pled guilty in the Cuyahoga County Common Pleas

Court to misdemeanor assault and was sentenced to two years of probation. On

November 28, 1994, a capias was issued for Brandon because he purportedly failed

to appear at a probation-violation hearing.

On May 28, 2024, Brandon motioned to recall the capias and terminate

probation. The trial court granted the motion on June 12, 2024,2 and journalized

an order that stated, “Probation terminated. Defendant’s motion to lift capias is

granted. Capias recalled.”

On June 24, 2024, the trial court entered a new order that stated that

probation would only be terminated once all financial obligations were satisfied,

including a $500 fine for failing to appear:

Defendant’s motion to lift the capias and terminate probation will be granted upon proof that all financial obligations to the court are paid in full, in addition to a $500.00 fine for failing to appear at the hearing scheduled for 11/28/94.

Brandon filed a notice of appeal. He raises two assignments of error on

appeal:

I. The case was dismissed on June [12], 2024 and the trial court’s order to the contrary on June [24], 2024 is invalid.

II. The trial court improperly imposed a $500.00 fine for failure to appear at the November 28, 1994 hearing.

The State filed a notice of conceded error pursuant to Loc.App.R. 16(B).

2 The parties use June 11, 2024, as the date the order was issued. The judge signed

the entry on June 12, 2024, and the case docket indicates a filing date of June 12, 2024. A trial court lacks the authority to reconsider its own valid, final

judgment in a criminal case, with two exceptions: (1) when a void sentence has been

imposed, and (2) when the judgment contains a clerical error. State v. Miller, 2010-

Ohio-5705, ¶ 14, citing State ex rel. Cruzado v. Zaleski, 2006-Ohio-5795, ¶ 19;

see also Crim.R. 36 (“Clerical mistakes in judgments, orders, or other parts of the

record, and errors in the record arising from oversight or omission, may be corrected

by the court at any time.”)

The trial court’s June 12, 2024 order was a final order. The trial court’s

June 24, 2024 order that attempts to impose monetary sanctions on Brandon does

not fall under the exceptions expressed in Miller because the order did not fix a void

sentence or a clerical error.

The first assignment of error is sustained, rendering the second

assignment of error moot. See App.R. 12(A)(2). The trial court’s June 24, 2024

order is hereby vacated.

Order vacated and remanded.

It is ordered that appellant recover from appellee costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate issue out of this court directing the

common pleas court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.

________________________ MICHAEL JOHN RYAN, JUDGE

KATHLEEN ANN KEOUGH, A.J., and MARY J. BOYLE, J., CONCUR