2012 Ohio 2503
Ohio Ct. App.2012Background
- McCornell pled guilty to felonious assault, domestic violence, two counts of endangering children, and intimidation and received a 13-year sentence.
- On direct appeal, he challenged only the sentence; the court affirmed but remanded for an R.C. 2929.191 hearing to correct a postrelease control error.
- On remand, the trial court properly advised him and imposed the mandatory three-year term of postrelease control.
- McCornell asserted four assignments of error on this delayed appeal, including plea validity, withdrawal of plea, allied offenses/double jeopardy, and failure to advise of appellate rights.
- The appellate court held that three assignments (plea, allied offenses, appellate rights) were barred by res judicata, as not argued or raised in the direct appeal.
- The remaining assignment alleging improper withdrawal of the plea was also overruled due to lack of a transcript to support review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plea validity due to lack of PRC notification | McCornell | State | barred by res judicata |
| Verbal motion to withdraw plea before resentencing | McCornell | State | denied; transcript deficiency left issue unreviewable |
| Sentence on allied offenses and double jeopardy | McCornell | State | barred by res judicata |
| Failure to advise appellate rights | McCornell | State | barred by res judicata |
Key Cases Cited
- State v. Saxon, 109 Ohio St.3d 176 (Ohio Supreme Court, 2006) (res judicata bars issues not raised on direct appeal)
- State v. Turner, 2008-Ohio-6648 (Eighth Dist. 2008) (transcript deficiency limits review of remand issues)
- State v. Lester, 130 Ohio St.3d 303 (Ohio Supreme Court, 2011) (limited remand to correct judgment entry; jurisdictional limits)
- Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158 (Tenth Dist.1983) (accelerated-appeal framework and brief, conclusory opinion)