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State v. Breedlove3/16/1988
BLACK, P.J.
We dismiss this appeal sua sponte for lack of jurisdiction. The record on appeal does not contain a final appealable order in the form required by Crim. R. 32(B), which reads in full:
"A judgment of conviction shall set forth the plea, the verdict or findings and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk."
What is missing in the instant case is a judgment that is signed by the judge setting forth the plea, the finding of the court in the bench trial and the sentence.
This was a traffic case in which the defendant was charged with a traffic-light violation under Cincinnati Municipal Code Section 506-40. In such cases, the Hamilton County Municipal Court uses a form we will call a "judge's sheet" in the absence of a designated title. Computer-printed on a sheet eight and one-half inches square, it is divided into three sections. The top section (one and one-half inches) contains basic data about the case, including the docket number, file number, name of defendant, and so forth. The middle section (four and one-half inches) contains two sets of three columns each, one set on the right half of the sheet and the other on the left half. The three columns in each set are titled, left to right, "date," "journal entry," and "sig," the last column being wide enough for a judge's initials but not wide enough for his signature. Under the titles are a series of blank horizontal lines on which can be recorded chronologically the actions taken in the case from initial appearance to disposition. The bottom section of the form (two and one-half inches) has a number of blanks with separate titles relating to the imposition of a penalty after conviction. Here, the judge may note such matters as the amount of the fine, the payment of costs, the remission or suspension of either or both, whether a stay is granted, and so forth. The very last line of the form has three blanks, one for a date, the second for "previous DUI convictions" and the third for the judge's signature.
In the instant case, the record includes a certified copy of the judge's sheet, the original papers or certified copies thereof, and the transcripts of three hearings. The case was set for pretrial or trial on March 9, 1987, at which time the court continued the case on its own motion for reasons thasare controverted in this appeal. The court referred the case to the assignment commissioner, who set it down for "non-jury" trial on April 9, 1987. The trial was held on that day after several motions and rulings were made that gave rise to three of the defendant's claims of error. The court announced its finding of guilty, and its "sentence" of $100, court costs, and a one-year driving suspension with certain provisions for driving to and from work. We can decipher the judge's sheet sufficiently to find handwritten notations about the fine, the costs and the driving suspension. However, the judge's sheet fails to contain a finding of guilty, and it is neither dated nor signed by the judge.
This failure to comply with Crim. R. 32(B) was called to appellate counsel's attention prior to the hearing on appeal, during an appearance at the court's weekly summary calendar. On the Friday before the hearing, the trial judge ordered the clerk of courts to "file and journalize" a document entitled "ENTRY NUNC PRO TUNC 2-12-88" in both the municipal court and in this court of appeals.
The form and contents of the Entry Nunc Pro Tunc are best illustrated by the following excerpt from the fir
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