State v. Dix
2014 Ohio 3330
Ohio Ct. App.2014Background
- In 2010, John Dix was convicted of three counts of attempted murder and two counts of felonious assault and sentenced to 18 years; this court affirmed but remanded for resentencing.
- At resentencing in July 2011, the trial court again imposed an 18-year sentence.
- In October 2013 Dix filed a "motion for corrective sentence and void judgment," arguing the trial court failed to merge allied offenses at resentencing.
- The trial court denied that motion. In January 2014 Dix filed a "motion for reconsideration" of the denial; the trial court denied reconsideration as beyond its authority to revisit a final judgment.
- Dix appealed the denial of the motion for reconsideration to this court; the court dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could reconsider a final criminal judgment | State: trial court lacked authority to reconsider a final judgment; motion for reconsideration is a nullity | Dix: trial court should correct sentence because allied offenses were not merged; reconsideration (or corrective motion) valid to remedy void judgment | Court: motion for reconsideration filed after final judgment is a nullity; trial court lacked authority to reconsider; appeal from its denial must be dismissed |
| Whether the denial of the motion for reconsideration is a final, appealable order under R.C. 2505.02(B)(2) | State: denial of a null filing does not affect a substantial right and is not appealable | Dix: denial should be reviewable because underlying sentencing error affects substantial rights | Court: denial of a motion that is a nullity cannot affect a substantial right; therefore the order is not a final, appealable order and appeal is dismissed |
Key Cases Cited
- State ex rel. Hansen v. Reed, 63 Ohio St.3d 597 (1992) (trial court may not reconsider a valid final judgment)
- Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378 (1981) (post-judgment motion for reconsideration is a legal nullity)
- Brook Park v. Necak, 30 Ohio App.3d 118 (8th Dist. 1986) (trial court lacks authority to revisit a final judgment)
- Cleveland Hts. v. Richardson, 9 Ohio App.3d 152 (8th Dist. 1983) (orders based on null post-judgment motions are nullities)