2012 Ohio 4070
Ohio Ct. App.2012Background
- Indicted in 2004 on 62 counts of pandering obscenity involving a minor under R.C. 2907.32(1)(A)(1) and (5).
- Convicted after a jury trial on January 25, 2005; sentenced March 7, 2005 to 36.5 years and classified as a sexual predator/habitual sexual offender.
- This court affirmed convictions but remanded for resentencing to comply with R.C. 2929.14(E)(4); resentencing occurred March 8, 2006 to the same term.
- Appellant filed multiple postconviction and resentencing motions from 2008 through 2011; trial court denied each, and this court affirmed those denials.
- On July 14, 2011, appellant filed another motion for resentencing; the trial court denied it February 15, 2012; this appeal followed.
- Assignments of error challenge the denial of resentencing, alleging due process/equal protection violations, void sentence, and failure to notify about mandatory aspects of sentencing and registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying resentencing | King contends due process and equal protection violations; sentence void | State asserts no error; properly denied postconviction relief | Denied; court reaffirmed denial of the motion for resentencing |
| Whether the current sentence is void or unreasonable | King argues sentence remains void after remand | State maintains HB 86 not retroactive and remand complied | Denied; HB 86 not retroactive and remand completed before HB 86 |
| Whether the court failed to notify mandatory aspects at resentencing | King claims lack of notification of mandatory sentencing consequences | State maintains proper procedure followed | Denied; no reversible error shown |
| Whether the court failed to notify about registration duties without a sexual predator hearing | King asserts due process lacking for registration obligations | State argues proceedings and duties correctly imposed | Denied; no error shown |
Key Cases Cited
- State v. Reynolds, 79 Ohio St.3d 158 (Ohio Supreme Court 1997) (postconviction review standard for petitions after direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (Ohio Supreme Court 1967) (res judicata applies to postconviction relief petitions)
- State v. Fields, 2011-Ohio-6044 (Ohio App. 2011) (HB 86 not retroactive to resentencing)