State v. Carter
2011 Ohio 4509
Ohio Ct. App.2011Background
- Carter pled guilty in 2003 to eight counts of aggravated robbery with firearm specifications; total sentence 15 years, with 12 years for firearm specs.
- In 2010, Carter, pro se, moved to impose a lawful sentence and to withdraw his guilty plea, and argued postrelease controls were mis-imposed.
- Trial court denied withdrawal, but granted a lawful sentence and reimposed postrelease control.
- Appellate court applied res judicata to bar review of all claimed errors and confirmed Fischer v. Ohio’s rule on postrelease control and res judicata.
- Carter failed to obtain a direct appeal from the 2003 sentence and record lacked a transcript of the 2003 plea hearing, hindering review of the asserted errors.
- The judgment was affirmed, with the court remanding for execution of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to withdraw plea should have been granted | Carter | Carter | Barred by res judicata; otherwise lack of plea transcript blocks review. |
| Whether the indictment was constitutionally defective | Carter | Carter | Plea waiver and res judicata render defect claims overruled. |
| Whether consecutive sentences were improper | Carter | Carter | Consecutive sentencing proper under RC 2929.14(E)(1)(a); assigned error overruled. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (postrelease-control error voids only portion of sentence; res judicata applies to other merits)
- State v. Perry, 10 Ohio St.2d 175 (1967) (final conviction bars raising issues not raised at trial or on direct appeal)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (regularity presumed absent transcript; need record for plea review)