State v. Day
2012 Ohio 4620
Ohio Ct. App.2012Background
- Defendant Chad Day pled guilty in July 2008 to aggravated burglary, burglary, domestic violence, and abduction; rape charge dismissed as part of plea.
- Part of plea agreement was a stipulated 12-year prison term, which the trial court imposed.
- On direct appeal, the burglary conviction was reversed and merged with aggravated burglary; sentence remained unchanged due to concurrent terms.
- In April 2010, Day moved to correct void sentence; trial court issued nunc pro tunc entry August 2, 2010 reaffirming the 12-year sentence.
- Day filed January 2011 petition for post-conviction relief under R.C. 2953.21, which the State moved to strike; trial court denied without a hearing.
- The court held the petition untimely and voided nunc pro tunc entry; no hearing was required; affirming dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition was timely and the nunc pro tunc entry void. | State argues petition timely; nunc pro tunc is proper. | Day argues petition untimely and nunc pro tunc entry void. | Petition untimely; nunc pro tunc improper; court lacked jurisdiction; affirm. |
| Whether Day was entitled to a hearing on his post-conviction relief petition. | State contends no hearing needed given untimeliness. | Day seeks hearing to challenge void or voidable aspects. | No hearing required; petition properly dismissed. |
Key Cases Cited
- State v. Harden, 2d Dist. Montgomery No. 20803, 2005-Ohio-5580 (Ohio 2005) (jurisdictional time bar governs post-conviction petitions)
- State v. Reynolds, 79 Ohio St.3d 158, 679 N.E.2d 1131 (1997) (Ohio 1997) (establishes post-conviction relief standards)
- State v. Brown, 136 Ohio App.3d 816, 737 N.E.2d 1057 (3d Dist. 2000) (Ohio 2000) (nunc pro tunc corrections limited to clerical errors)
- Day v. State, 2009-Ohio-7046 (Ohio 2009) (direct appeal holding on merger and non-remand sentencing)