[Cite as State v. Hunt , 2020-Ohio-6707.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

STATE OF OHIO Appellee

v. CHAD HUNT Appellant C.A. No. 29598

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2018-12-4229

DECISION AND JOURNAL ENTRY Dated: December 16, 2020

HENSAL, Judge. {¶1} Chad Hunt appeals a judgment of the Summit County Court of Comm on Pleas that modified his sentence for aggravated possession of drugs. For the following reasons, this

Court reverses.

I. {¶2} Mr. Hunt pleaded guilty to one count of aggravated possession o f drugs. The trial court sentenced him to 24 months in prison. It also ordered th at his sentence would run

concurrent to the sentences he had received in a few other case s. The court gave Mr. Hunt three days to report to begin his sentence. {¶3} Mr. Hunt did not report at the required time. When he was loca ted and returned to court, the trial court modified his sentence, ordering him t o serve it consecutive to the sentences he had received in the other cases. Mr. Hunt has app ealed, assigning as error that the trial court improperly modifie d his sentence. The State agrees with Mr. Hunt’s argument.2

II.

ASSIGNMENT OF ERROR

THE TRIAL COURT ABUSED ITS DISCRETION/LACKED AUTHORITY TO MODIFY APPELLANT’S SENTENCE AFTER FINAL JUDGMENT. {¶4} Mr. Hunt argues that the trial c ourt improperly modified his se ntence. In reviewing a felony sentence, “[t]he appellate court’s standard for review is not whether the sentencing court abused its d iscretion.” R.C. 2953.08(G)(2). “[A]n appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence” that: (1) “the record does not support the trial court’s findi ngs under relevant statutes[,]” or (2) “the sentence is otherwise contrary to law.” State v. Marcum , 146 Ohio St.3d 516, 2016-Ohio1002, ¶ 1. {¶5} “A criminal sentence is final upon issuance of a final order.” State v. Carlisle , 131 Ohio St.3d 127, 2011-Ohio-6553, ¶ 11. “[A] trial court lac ks authority to modify a final criminal sentence even if the sentence has yet to be executed.” State v. Clouser , 9th Dist. Summit No. 26060, 2012-Ohio-1711, ¶ 7. In Carlisle , the Ohio Supreme Court explained that there was once authority for a trial court to modify a sentence up until it was executed, but that authority had become defunct beca use it was premised on a statu te that had been repealed.

Carlisle at ¶ 13-16. We, therefore, conc lude that the trial court did not have authority to modify

Mr. Hunt’s sentence. Clouser at ¶ 8 (concluding that trial court could not modify sentence “under the auspices of it not yet having been executed.”). Mr. Hunt’s sentence is “contrary to law” under Section 2953.08(G)(2). Th e assignment of error is s ustained.3

III. {¶6} Mr. Hunt’s assignment of error is sustained. The judgment of t he Summit County

Court of Common Pleas is reverse d, and this matter is remanded for the trial court to reimpose Mr. Hunt’s original sentence. Judgment reversed, and cause remanded.

There were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, direc ting the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. Immediately upon the filing hereof , this document shall consti tute the journal entry of judgment, and it shall be file s tamped by the Clerk of the Cour t of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the pa rties and to make a notation of the mailing in the docket , pursuant to App.R. 30. Costs taxed to Appellee.

JENNIFER HENSAL FOR THE COURT

CALLAHAN, P. J. SCHAFER, J. CONCUR.4

APPEARANCES: ANGELA M. KILLE, Attorney at Law, for Appellant. SHERRI BEVAN WALSH, Prosecuti ng Attorney, and JACQUENETTE S. CO RGAN, Assistant Prosecuting Attorney, for Appellee.