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State v. Taqi
2015 Ohio 5319
Ohio Ct. App.
2015
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Background

  • Taqi pled guilty to six counts in Lorain County and was sentenced to four and a half years with multiple consecutive terms and no merger at sentencing.
  • Taqi did not appeal the conviction and sentence.
  • In 2014, he moved to correct sentence, arguing allied offenses of similar import warranted merger for sentencing.
  • The trial court partially granted the motion, merging Counts II and IV into Count I and re-sentencing, but the total term remained four and a half years.
  • The court treated the motion as a petition for post-conviction relief and proceeded, though in error, to resentence.
  • On appeal, the court vacated the resentencing, holding the petition was untimely and the court lacked jurisdiction, and remanded to dismiss the petition.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court had jurisdiction to hear the motion to correct sentence Taqi contends the motion was a valid post-conviction relief petition seeking proper sentencing. State contends the petition was untimely and without a qualifying exception under R.C. 2953.23(A)(1). Yes; the court lacked jurisdiction to entertain the untimely petition.

Key Cases Cited

  • State v. Reynolds, 79 Ohio St.3d 158 (1997) (post-conviction relief petition governs motions to correct sentence)
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Case Details

Case Name: State v. Taqi
Court Name: Ohio Court of Appeals
Date Published: Dec 21, 2015
Citation: 2015 Ohio 5319
Docket Number: 14CA010672
Court Abbreviation: Ohio Ct. App.