[Cite as State v. Nero, 2013-Ohio-3610.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsPATRICK D. NERO 

 Defendant-Appellant 

JUDGES: 

Hon. William B. Hoffman, P.J. 

Hon. John W. Wise, J. 

Hon. Craig R. Baldwin, J. 

Case Nos. 2013CA00050, 

 2013CA00054 

O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Stark County Court of 

Common Pleas, Case Nos. 2011-CR-1129, 

2011-CR-0566 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: August 19, 2013 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JOHN D. FERRERO PATRICK D. NERO, PRO SE 

PROSECUTING ATTORNEY, Trumbull Correctional Institution 

STARK COUNTY, OHIO Inmate No. 621-612 

 P.O. Box 901 

By: RONALD MARK CALDWELL Leavittsburg, Ohio 44430 

Assistant Prosecuting Attorney 

Appellate Section 

110 Central Plaza, South – Suite 510 

Canton, Ohio 44702-1413 
Stark County, Case Nos. 2013CA00050, 2013CA00054 2

Hoffman, P.J. 

{¶1} Defendant-appellant Patrick Dwayne Nero appeals the February 15, 2013 

Judgment Entry entered by the Stark County Court of Common Pleas denying his 

motion to correct void sentence and for final appealable order. Plaintiff-appellee is the 

state of Ohio. 

STATEMENT OF THE CASE1

{¶2} Appellant was indicted by the Stark County Grand Jury on one count of 

having a weapon under disability and one count of illegal possession of a firearm in a 

liquor permit premises. The weapons under disability charge listed seven prior criminal 

cases giving rise to ten convictions, eight felonies and two misdemeanors, which 

created the disability element for the offense. 

{¶3} Following a jury trial, Appellant was convicted as charged in the indictment 

and sentenced to an aggregate term of incarceration of three years imposed 

consecutive to a three-year prison term in a separate criminal case. The trial court 

memorialized the conviction and sentence via Judgment Entry of December 23, 2011. 

In a subsequent Judgment Entry, the trial court accorded Appellant 155 days of jail-time 

credit. On October 15, 2012, this Court affirmed Appellant's convictions and sentence 

on direct appeal in State v. Nero, Stark App. No. 2012-CA-00016, 2012-Ohio-4810. 

{¶4} On February 12, 2013, Appellant filed a motion to correct void sentence 

and for final appealable order arguing his original sentencing entry did not include jail 

time credit; thus, the sentencing entry was void. Appellant moved the trial court for 

resentencing in order to include the jail time credit. 

 

1

 A rendition of the underlying facts is unnecessary for our resolution of this appeal. 
Stark County, Case Nos. 2013CA00050, 2013CA00054 3

{¶5} The trial court denied the motion via Judgment Entry of February 15, 

2013. 

{¶6} Appellant now appeals, assigning as error: 

{¶7} “I. TRIAL COURT ERRED WHEN IT FAILED TO CALCULATE AND 

INCLUDE THE SPECIFIC NUMBER OF DAYS APPELLANT WAS TO RECEIVE FOR 

JAIL TIME CREDIT IN HIS SENTENCING JUDGMENT ENTRY. THIS MAKES 

APPELLANT’S SENTENCE VOID AND THE JUDGMENT ENTRY A NON-FINAL 

APPEALABLE ORDER PURSUANT TO STATE V. BAKER, 119 OHIO ST.3d 197. 

THIS MAY ALSO BE CONSIDERED PLAIN ERROR.” 

I. 

{¶8} As set forth in the Statement of the Case, supra, the trial court's December 

23, 2011 Judgment entry indicates Appellant is “entitled to jail time credit which will be 

calculated by the Sheriff and the number of days inserted in a certified copy of an order 

which shall be forwarded to the institution at a later date." Via separate Judgment Entry 

of January 11, 2012, the trial court accorded Appellant jail time credit, indicating the 

specific number of days. Appellant does not challenge the calculation of jail time credit 

as improper; rather, argues the trial court erred in failing to include the specific 

calculation of jail time credit in the original entry. 

{¶9} We find Appellant's sentence is not contrary to law. Further, Appellant did 

not challenge either the calculation or the facts upon which the calculation was based 

on direct appeal. We find the issue raised herein was capable of being raised on direct 

appeal to this Court. (See, State v. Nero, Stark App. No. 2012-CA-00016, 2012-Ohio-
Stark County, Case Nos. 2013CA00050, 2013CA00054 4

4810.) Accordingly, we find Appellant's argument is barred by the doctrine of res 

judicata. 

{¶10} The February 15, 2013 Judgment Entry entered by the Stark County Court 

of Common Pleas is affirmed. 

By: Hoffman, P.J. 

Wise, J. and 

Baldwin, J. concur 

 ___________________________________ 

 HON. WILLIAM B. HOFFMAN 

 ___________________________________ 

 HON. JOHN W. WISE 

 ___________________________________ 

 HON. CRAIG R. BALDWIN 

 
Stark County, Case Nos. 2013CA00050, 2013CA00054 5

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

PATRICK D. NERO : 

 : 

 Defendant-Appellant : Case No. 2013CA00050 

 

 For the reason stated in our accompanying Opinion, the February 15, 2013 

Judgment Entry entered by the Stark County Court of Common Pleas is affirmed. Costs 

to Appellant. 

 ___________________________________ 

 HON. WILLIAM B. HOFFMAN 

 ___________________________________ 

 HON. JOHN W. WISE 

 ___________________________________ 

 HON. CRAIG R. BALDWIN 

 

 
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

PATRICK D. NERO : 

 : 

 Defendant-Appellant : Case No. 2013CA00054 

 

 For the reason stated in our accompanying Opinion, the February 15, 2013 

Judgment Entry entered by the Stark County Court of Common Pleas is affirmed. Costs 

to Appellant. 

 ___________________________________ 

 HON. WILLIAM B. HOFFMAN 

 ___________________________________ 

 HON. JOHN W. WISE 

 ___________________________________ 

 HON. CRAIG R. BALDWIN