2017 Ohio 5847
Ohio Ct. App.2017Background
- Joshua J.M. Steele was convicted in 2011 by jury of multiple sexual offenses (including two counts of rape and multiple counts of unlawful sexual conduct with a minor) and sentenced to an aggregate 22-year prison term with consecutive terms.
- Steele appealed; this court affirmed the convictions on direct appeal in 2012.
- In November 2016 Steele filed a verified motion to correct sentence arguing: (1) consecutive sentences were imposed without required findings, (2) some terms should have been non-mandatory, and (3) he was not properly advised of his right to appeal. He requested de novo resentencing.
- The trial court denied the motion on January 17, 2017. Steele appealed the denial.
- The Fifth District reviewed whether the sentencing errors rendered the sentence void or were barred by res judicata, and whether the trial court had made the statutory findings for consecutive terms and complied with Crim.R. 32.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Steele) | Held |
|---|---|---|---|
| Whether alleged sentencing defects (consecutive findings omitted) render sentence void and reviewable in a post-judgment motion | The State argued these are non-void sentencing errors and are subject to res judicata if not raised on direct appeal | Steele argued the absence of required R.C. 2929.14(C) findings voids the sentence and entitles him to de novo resentencing | Held: Errors were non-void; barred by res judicata; trial court did make the required findings in both hearing and entry |
| Whether the trial court made the required consecutive-sentence findings under R.C. 2929.14(C) | N/A (State defended validity of the entry/hearing) | Steele claimed the court failed to make the statutory findings at sentencing and in the entry | Held: Court complied—findings were made at the October 28 hearing and incorporated in the October 31 journal entry (consistent with Bonnell) |
| Whether sentences for certain convictions should have been non-mandatory | N/A | Steele argued some terms were incorrectly treated as mandatory | Held: Substantively incorrect—rape convictions carried mandatory terms under R.C. 2929.13(F)(2); claim also barred by res judicata |
| Whether the trial court failed to properly advise Steele of his right to appeal under Crim.R. 32 | N/A | Steele argued he was not informed he could appeal a sentence contrary to law | Held: Court complied with Crim.R. 32 at the hearing and in the entry; claim barred by res judicata |
Key Cases Cited
- State v. Perry, 10 Ohio St.2d 175 (1967) (establishes res judicata rule barring claims not raised on direct appeal)
- State v. Holdcroft, 137 Ohio St.3d 526 (2013) (failure to follow certain sentencing statutes does not automatically render a sentence void)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make R.C. 2929.14(C)(4) findings at sentencing and incorporate them in the entry but need not state the supporting reasons)