2014 Ohio 3187
Ohio Ct. App.2014Background
- McCord pled guilty to murder in Oct 2001 and was sentenced Jan 2002 to 15 years to life; the entry erroneously stated mandatory postrelease control and ordered costs.
- McCord did not appeal the conviction or the initial sentencing.
- In 2002, McCord moved to vacate sentence and to withdraw plea; both were denied; no appeal followed.
- In 2010, McCord filed three motions alleging sentencing errors (including lack of community service notification); the trial court denied them.
- In 2011, the trial court issued a nunc pro tunc corrective judgment entry removing postrelease control language and correcting the record.
- In 2013, McCord again moved for resentencing on void-judgment grounds; the trial court treated it as res judicata and the appeals followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to notify about community service | McCord argues the clerk failed to notify him of possible community service under 2947.23(A)(1). | McCord contends the sentence was void in part due to this omission. | Merits rejected; statute at time did not require such notice, so no void portion. |
| Imposition of postrelease control for an unspecified felony (murder) | McCord contends postrelease control was improperly imposed for murder under an unspecified felony. | State contends nunc pro tunc correction cured the issue; record showed no postrelease control was actually imposed. | Merits rejected; nunc pro tunc entry appropriately redacted postrelease-control language. |
| Crim.R. 11(C) misadvisement at plea | McCord claims misadvisement rendered his guilty plea void. | State argues the issue was not raised previously and is barred by res judicata; could have been raised on direct appeal. | Merits rejected; issue barred by res judicata. |
Key Cases Cited
- State v. Snead, 2014-Ohio-2895 (12th Dist. Clermont No. CA2014-01-014, 2014) (res judicata promotes finality and prevents relitigation)
- State v. Saxon, 2006-Ohio-1245 (Ohio) (defects not appealed before can bar claims via final judgment doctrine)
- State v. Ishmail, 67 Ohio St.2d 16 (1981) (Crim.R. 11(C) issues merged with conviction under res judicata)
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (inherent authority to correct judgment entries via Crim.R. 36)
- State v. Franklin, 2003-Ohio-1770 (12th Dist. Butler No. CA2002-07-183, 2003) (reiterates final judgment analysis and appellate rights)