2014 Ohio 683
Ohio Ct. App.2014Background
- Michael Hendricks was indicted in 2009 and, after a jury trial, convicted of multiple felonies: illegal possession of chemicals for drug manufacture, possession of criminal tools, aggravated possession of drugs, and three counts of endangering children.
- Trial court sentenced Hendricks to nine years' imprisonment and imposed one mandatory three-year term of post-release control.
- Hendricks appealed; this Court affirmed the convictions in 2011.
- In March 2013 (over three years after conviction), Hendricks filed a "Motion to Vacate and Set Aside Sentence," raising (1) an alleged post-release control sentencing error and (2) that certain counts were allied offenses of similar import.
- The trial court construed the filing as a petition for post-conviction relief, found it untimely under R.C. 2953.21(A)(2), and denied relief.
- Hendricks appealed the denial; this Court affirmed, rejecting both his post-release control and allied-offenses arguments.
Issues
| Issue | Hendricks' Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by treating Hendricks' motion as an untimely petition for post-conviction relief | Hendricks contended he raised a post-release control error that rendered his sentence void and thus was not subject to post-conviction timeliness bars | The State argued the filing was a petition for post-conviction relief and was untimely under R.C. 2953.21(A)(2) because it was filed long after the 180-day window | Court held the motion was properly treated as an untimely post-conviction petition and denied because Hendricks did not meet R.C. 2953.23 exceptions |
| Whether Hendricks was sentenced on allied offenses of similar import without required relief/hearing | Hendricks argued counts 5, 6, and 7 were allied offenses and the court erred in sentencing on them separately | The State maintained Hendricks failed to raise the allied-offenses claim on direct appeal, so it must be asserted, timely, via post-conviction procedures and he did not satisfy timeliness exceptions | Court held Hendricks failed to raise allied-offenses in his direct appeal; the claim was subject to post-conviction rules and the petition was untimely, so no relief granted |
Key Cases Cited
None with official reporter citations were cited in the opinion (the decision relied on Ohio appellate slip opinions and statutory provisions).