2019 Ohio 2183
Ohio Ct. App.2019Background
- In 2001 Montgomery pleaded no contest to two counts of aggravated murder (with capital specifications), one count aggravated robbery (1st degree), and one count aggravated burglary (1st degree) as part of a plea deal; the State dismissed other counts and waived the death penalty.
- The trial court sentenced Montgomery to concurrent life terms with parole eligibility after 25 years for the aggravated murders, and concurrent nine-year terms for aggravated robbery and burglary; Montgomery did not appeal the 2001 sentence.
- Montgomery later filed postconviction motions: a 2010 Crim.R. 32.1 motion to withdraw plea (denied and affirmed on appeal) and a 2018 motion to resentencing under R.C. 2967.28 seeking post-release-control for the nine-year robbery sentence.
- The trial court denied the 2018 motion; Montgomery appealed the denial to the Fifth District Court of Appeals.
- The appeals court considered whether (1) resentencing was required to impose post-release control on the robbery/burglary convictions and (2) whether the two aggravated-murder counts had been improperly both sentenced despite alleged merger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether resentencing is required to impose post-release control on the completed 1st-degree felony sentences (aggravated robbery/burglary) | State: resentencing not required where defendant already served those sentences | Montgomery: trial court failed to impose post-release control on the 1st-degree felonies and must hold a new sentencing hearing | Court: no resentencing — post-release control cannot be added after those sentences have been served (trial court lacks jurisdiction) |
| Whether two aggravated-murder convictions were improperly both sentenced despite merger | State: offenses involved separate victims and thus did not merge | Montgomery: court previously merged the counts or should not have sentenced both | Court: no merger—counts involved separate victims; conviction and sentence on both are proper; res judicata bars belated challenge |
Key Cases Cited
- State v. Jordan, 104 Ohio St.3d 21 (2004) (trial court must notify defendant of post-release control at sentencing; omission can render sentence void)
- State v. Clark, 119 Ohio St.3d 239 (2008) (aggravated murder is an unclassified felony to which R.C. 2967.28 post-release-control provisions do not apply)
- State v. Holdcroft, 137 Ohio St.3d 526 (2013) (court cannot resentence to add post-release control after the particular sentence has been fully served)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (standards for allied/offenses of similar import; separate victims can support multiple convictions)