2022 Ohio 2829
Ohio Ct. App.2022Background
- In Feb 2004 Payton was indicted on three counts of aggravated murder, one count of rape, and one count of kidnapping; in Feb 2006 he pled guilty to one count of aggravated murder and one count of kidnapping in exchange for dismissal of death and sexually violent predator specifications.
- Plea form informed Payton of possible sentencing range and that he was subject to postrelease control (PRC).
- On March 14, 2006 the court sentenced Payton to 20 years-to-life for aggravated murder and 10 years for kidnapping, ordered consecutively; PRC of five years was imposed for the kidnapping conviction.
- Payton did not file a direct appeal. In May 2021 he filed a motion to set aside judgment and vacate plea, construed as a petition for postconviction relief.
- Trial court denied the motion as untimely and barred by res judicata, and held PRC was properly imposed for the kidnapping sentence.
- Payton appealed, arguing the court failed to comply with the legislature (contending PRC was inapplicable to aggravated murder and that his plea was not knowing, intelligent, and voluntary). The court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Payton) | Held |
|---|---|---|---|
| Whether the trial court erred in denying Payton's motion to set aside plea / vacate judgment (postconviction relief) | The petition was untimely under R.C. and Payton failed to meet statutory exceptions; claims are barred by res judicata; PRC was properly imposed for kidnapping | The sentence is unauthorized/void because PRC cannot be imposed for aggravated murder; plea was not knowing/intelligent/voluntary due to misinformation about supervision and sanctions | Court affirmed: petition untimely, Payton did not satisfy exceptions in R.C. 2953.21/23, claims barred by res judicata, PRC properly applied to kidnapping; arguments regarding aggravated murder meritless |
Key Cases Cited
- No officially reported (print-reporter) cases were cited in this opinion; the opinion relies on Ohio appellate decisions and statutory postconviction procedures cited by slip opinion references.