State v. Mayes
2011 Ohio 6260
Ohio Ct. App.2011Background
- Defendant Peter Mayes was convicted in 2003 of two counts of attempted rape, one count of rape, and one count of gross sexual imposition following a jury trial.
- He received a total of 24 years in prison with postrelease control (PRC) for counts 1–2–4–5, all consecutive.
- In 2010, after various post-conviction motions, the trial court ordered a de novo sentencing hearing to address PRC imposition and reimposed the same sentence with modifications to PRC applicability.
- At the de novo hearing, the court held that PRC applied to counts 2, 4, and 5 and not to count 1 because its seven-year term had expired, and provided detailed PRC consequences and potential reincarceration for violations.
- Shadow counsel was appointed for Mayes during the de novo proceedings, and Mayes argued that shadow counsel was ineffective for not filing or pursuing certain issues.
- Mayes appeals asserting multiple claims including improper consecutive sentencing, allied offenses, indictment defects, and lack of jurisdiction, among others; the court denied relief and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper scope of de novo sentencing for PRC | Mayes | Mayes | De novo hearing limited to PRC imposition; proper PRC reimposed |
| Shadow counsel effectiveness | Mayes | Mayes | Shadow counsel not ineffective; no prejudicial error |
| Consecutive sentences and allied offenses after Foster | Mayes | Mayes | Claims outside scope; barred by res judicata; meritless |
| Indictment sufficiency and subject-matter jurisdiction | Mayes | Mayes | Indictment tracks statutory language; not defective; jurisdiction confirmed |
| Allied offenses and trial coherence | Mayes | Mayes | Record shows separate offenses with separate animus; not error |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (limits new sentencing hearing to proper imposition of postrelease control)
- State v. Horner, 126 Ohio St.3d 466 (Ohio 2010) (indictment not defective when statute lacks mental-state specification)
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (severability of consecutive-sentence scheme post-Foster)
- Foston v. Maxwell, 177 Ohio St.74 (Ohio 1964) (trial on indictment after initial complaint)
- State v. Mayes, 2006-Ohio-105 (Ohio 2006) (res judicata on prior appeal claims)
- State v. Dresser, 2009-Ohio-2888 (Ohio 2009) (PRC considerations in post-decree contexts)