State v. Dardinger

Citations

• 2017 Ohio 1525

Syllabus

APPELLATE REVIEW - JURISDICTION - POSTCONVICTION - POSTRELEASE CONTROL: The common pleas court had no jurisdiction to entertain defendant's postconviction \Motion to Vacate Postrelease Control\ on the grounds that he was not sentenced in conformity with the postrelease-control statutes and that imposing postrelease control denied him the protections of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution: the motion was not reviewable under R.C. 2953.21 et seq. as a postconviction petition, because the postrelease-control claim did not allege a constitutional violation, and the alleged double-jeopardy violation did not occur during the proceedings leading to his conviction under Crim.R. 33 as a motion for a new trial, when his conviction had followed a guilty plea, not a trial, or under Crim.R. 32.1 as a motion to withdraw a guilty plea, when the motion did not seek withdrawal of the plea under R.C. Chapter 2731 as a petition for a writ of mandamus, under R.C. Chapter 2721 as a declaratory judgment action, or under R.C. Chapter 2725 as a petition for a writ of habeas corpus, because the motion did not satisfy those statutes' procedural requirements under Civ.R. 60(B), upon the authority of Crim.R. 57(B), because his conviction was reviewable under the procedures provided for a direct appeal or under a court's jurisdiction to correct a void judgment, because the postrelease-control portion of his sentence was not void. The postrelease-control portion of defendant's sentence was not void, because postrelease control was properly included in his sentence: the postrelease-control notification provided by the trial court at the combined plea-and-sentencing hearing before accepting defendant's guilty plea satisfied the statutory requirement that defendant be notified concerning postrelease control at sentencing postrelease control was properly incorporated into the judgment of conviction by the nunc pro tunc entry correcting the judgment of