State v. Marks
2013 Ohio 3734
Ohio Ct. App.2013Background
- Marks pleaded guilty in Jan. 2007 to voluntary manslaughter (with a 3-year firearm specification) and having weapons under disability and was sentenced to 15 years.
- No direct appeal was filed after sentencing.
- In Dec. 2012 Marks filed a motion for jail-time credit and separately a motion to correct an improper sentence, arguing the convictions were allied offenses that should have merged.
- The trial court denied the jail-time credit motion on Dec. 17, 2012 and denied the motion to correct an improper sentence on Jan. 2, 2013.
- Marks appealed both denials on Jan. 28, 2013. The appellate court addressed (1) whether the allied-offense claim could be raised via a motion to correct an improper sentence and (2) whether the court had jurisdiction to hear the late appeal of the jail-time credit denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a postconviction motion to "correct an improper sentence" may be used to raise an allied-offense/merger claim beyond the 180-day statutory window | The State: the motion was not timely and, where appropriate, such claims must follow postconviction procedure | Marks: his sentence was improper because underlying offenses were allied and should have merged | Court: Allied-offense claim cannot be raised via a motion to correct an improper sentence after the 180-day statutory period; the claim is a postconviction matter and was untimely, so trial court lacked jurisdiction to grant relief |
| Whether the appellate court can review denial of jail-time credit where the appellant did not seek leave for a delayed appeal | The State: appellate court lacks jurisdiction because Marks failed to timely appeal or obtain leave for a delayed appeal of the Dec. 17 entry | Marks: sought appellate review of the denial in his Jan. 28 appeal | Court: Dismissed review of the jail-time credit denial for lack of jurisdiction (untimely/indirect appeal) |
Key Cases Cited
- State v. Harris, 132 Ohio St.3d 318 (2012) (motion to correct illegal sentence is proper for facially illegal sentences)
- State v. Whitfield, 124 Ohio St.3d 319 (2010) (allied-offense determination implicates sentencing, not guilt)
- State v. Johnson, 128 Ohio St.3d 153 (2010) (clarified allied-offense merger analysis and its procedural consequences)