State v. Terrell
2012 Ohio 1926
Ohio Ct. App.2012Background
- Terrell appeals the denial of his petition for relief after judgment in the Washington County Court of Common Pleas.
- Terrell pled guilty to three counts of drug trafficking; judgment entry on January 20, 2010 sentenced him to 40 months total with consecutive terms.
- Terrell did not file a direct appeal from the January 2010 conviction, but later filed an October 20, 2010 petition for relief after judgment under ORC 5145.01.
- The trial court denied the petition on October 28, 2010.
- Terrell argues for a merits hearing on his petition, but the court treats the petition as a request to reconsider a final judgment.
- The Fourth District concludes it lacks jurisdiction to reconsider a valid, final judgment and dismisses the appeal as a nullity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is proper after a petition for relief after judgment seeks reconsideration | Terrell argues for reconsideration on the merits of the final judgment | State contends reconsideration of a valid final judgment is unavailable | Appeal dismissed for lack of jurisdiction |
| Whether the January 20, 2010 judgment entry is void for sentencing procedure | Terrell claims sentences were improperly imposed and the judgment is void | State argues no void judgment; proper interpretation of statutes | Judgment not void; valid final judgment |
| Whether 5145.01 requires concurrent sentences and affects voidness | HB 130 retroactively revived pre-Foster requirements for concurrency | 5145.01 does not impose concurrent sentencing on courts; HB 130 does not create voidness here | Not void; 5145.01 does not mandate concurrent sentences for the trial court |
| Whether HB 86 retroactively affects Terrell’s judgment | HB 86 should dictate fact-finding for consecutive sentences | HB 86 does not apply to Terrell's 2010 sentence | HB 86 does not apply retroactively to Terrell |
Key Cases Cited
- State v. Ramsey, 2011-Ohio-2640 (7th Dist. 2011) (R.C. 5145.01 does not impose a concurrent-sentencing requirement on courts)
- State v. Keck, 2011-Ohio-1643 (4th Dist. 2011) (HB 130 not an affirmative reenactment of Foster provisions)
- State v. Hodge, 2010-Ohio-6320 (Supreme Court of Ohio, 2010) (HB 130 changes not retroactive to pre-Foster prosecutions)
- State v. Du, 2011-Ohio-6306 (2d Dist. 2011) (HB 86 applicability timing for consecutive sentences)
- State v. Headlee, 2009-Ohio-873 (4th Dist. 2009) (Liberal construction for pro se litigants)
- State v. Joy, 2009-Ohio-2211 (4th Dist. 2009) (Motions for reconsideration of final judgments are nullities)
- State v. Steele, 2005-Ohio-4786 (10th Dist. 2005) (No statutory basis for reconsideration of a valid, final judgment)
- State v. Moon, 2010-Ohio-4483 (8th Dist. 2010) (Reconsideration of judgments treated as nullities)