State v. Lindsey
2013 Ohio 102
Ohio Ct. App.2013Background
- Lindsey was indicted in three separate cases: CR-507095 (two thefts, three bad checks), CR-509932 (burglary, forgery, theft), and CR-540066 (burglary, theft, identity fraud, and forgery).
- Plea agreement in October 2010: Lindsey pled guilty to several counts across the three cases, with other counts nolled.
- On November 5, 2010, the trial court sentenced Lindsey to an aggregate seven-year term and ordered restitution of $3,200.
- On December 22, 2010, Lindsey filed a pro se post sentence motion to withdraw his guilty pleas; the court denied it on January 12, 2011.
- This court later granted leave to appeal from the November 5, 2010 judgments; Lindsey raised seven assignments of error in Lindsey I.
- In Lindsey I, the court modified convictions and remanded for resentencing on two theft counts, vacated restitution, and affirmed as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to rule on second post-plea withdrawal | State argues no jurisdiction after appellate affirmance. | Lindsey asserts trial court can entertain motions post-appeal. | Court lacked jurisdiction; affirmance forecloses further motion. |
| Res judicata effect on plea-withdrawal issue | State contends issues resolved or barred by res judicata. | Lindsey argues the plea validity remains open for challenge. | Res judicata bars raising the plea-withdrawal issue on remand. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (res judicata governs merits; void sentence exception only for voidness)
- State v. Fountain, 8th Dist. Nos. 92772 and 92874, 2010-Ohio-1202 (2010-Ohio-1202) (res judicata applies to issues other than void sentences)
- State v. Jackson, 8th Dist. No. 97809, 2012-Ohio-4280 (2012-Ohio-4280) (resentencing after void sentence not first appeal; issues barred)
- State v. Allen, 8th Dist. No. 97552, 2012-Ohio-3364 (2012-Ohio-3364) (similar res judicata and appeal principles)
- State v. Craddock, 8th Dist. No. 87582, 2006-Ohio-5915 (2006-Ohio-5915) (ppropriately addresses limitations on post-judgment motions)
- State v. Vild, 8th Dist. Nos. 97742 and 87965, 2007-Ohio-987 (2007-Ohio-987) (trial court cannot reverse appellate affirmance)