2013 Ohio 635
Ohio Ct. App.2013Background
- Mose drove from Florida to Ohio after an affair with Mazzeo; he contemplated killing Mazzeo and then himself.
- Police discovered his plan after relatives alerted authorities; Moody admitted intent and weapons were found in motel room.
- Mose pled guilty mid-trial to two counts of attempted murder and one count of attempted aggravated burglary as part of a plea agreement.
- The State agreed to have counts 1 and 2 merge for sentencing and for count 3 to run concurrently, totaling three years’ imprisonment.
- The trial court sentenced Mose to three years, lifelong banishment from Ohio, and no contact with the Mazzeo family.
- On appeal, Mose challenges subject-matter jurisdiction and post-release-control terms; the court partly sustains and partly vacates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to accept the plea | Mose argues lack of subject-matter jurisdiction due to nonindictable ‘attempt’ theories. | State contends indictment valid; waiver by guilty plea preserves review. | No jurisdiction deficiency; assignment overruled. |
| Post-release control and banishment legality | Mose contests PRC notice and lifelong Ohio banishment as unlawful. | State argues PRC notice proper; banishment not authorized by statute. | PRC notice upheld; lifelong banishment vacated. |
Key Cases Cited
- Click v. Eckle, 174 Ohio St. 88 (1962) (establishes trial court felony jurisdiction by indictment)