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State of Ohio v. William B. O'neal

December 3, 2012

STATE OF OHIO APPELLEE
v.
WILLIAM B. O'NEAL APPELLANT



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 04 CR 0547

The opinion of the court was delivered by: Carr, Judge.

Cite as State v. O'Neal,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant, William O'Neal, appeals the judgment of the Medina County Court of Common Pleas. This Court affirms.

I.

{¶2} This case stems out of a violent episode that occurred at a night club in Medina on the night of October 13, 2004.

{¶3} On November 21, 2004, the Medina County Grand Jury indicted O'Neal on a myriad of charges. After initially pleading not guilty to the charges at arraignment, O'Neal entered into a plea agreement with the State and pleaded guilty to three counts of kidnapping with firearm specifications, two counts of felonious assault with firearm specifications, one count of carrying a concealed weapon, and one count of illegal possession of a firearm in a liquor permit premises. The trial court merged several counts and O'Neal was sentenced on one count of kidnapping, one count of felonious assault with a firearm specification, one count of carrying a concealed weapon, and one count of possession of a firearm in a liquor permit premise, for a total prison term of thirteen years.

{¶4} This matter has a lengthy appellate history. O'Neal appealed from the trial court's initial sentencing entry and raised one assignment of error, arguing that the consecutive sentences violated his constitutional rights. This Court reversed and remanded for proceedings consistent with State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856. State v. O'Neal, 9th Dist. No. 05CA0076-M, 2006-Ohio-1904. The trial court held a resentencing hearing on June 9, 2006, and issued a new sentencing entry on June 14, 2006. While O'Neal had been resentenced pursuant to our decision in his first appeal, the trial court ultimately imposed the same total prison sentence of thirteen years. On appeal, this Court held that the trial court's June 14, 2006 sentencing entry was not a final, appealable order because it did not contain a finding of guilt by the trial court after O'Neal's guilty plea. State v. O'Neal, 9th Dist. No. 06CA0056-M, 2007-Ohio-2266. The trial court issued a nunc pro tunc sentencing entry on April 4, 2007, indicating that O'Neal had be found guilty after entering his plea. O'Neal filed a third notice of appeal and we determined that the matter was "now properly before this Court." State v. O'Neal, 9th Dist. No. 07CA0050- M, 2008-Ohio-1325, ¶ 4. In addressing the merits of O'Neal's appeal in our March 24, 2008 decision, this Court overruled his four assignments of error and affirmed his conviction and sentence. Id. at ¶ 20.

{¶5} While his third appeal was pending, on October 31, 2007, O'Neal filed a petition for post-conviction relief in the trial court. On March 25, 2008, the trial court denied the petition on the basis that is was untimely. Counsel for O'Neal filed a notice of appeal, and O'Neal himself filed a pro se notice of appeal from the March 25, 2008 judgment entry. O'Neal subsequently dismissed Case No. 08CA0025-M and proceeded under the notice of appeal filed by counsel. In our decision released on December 15, 2008, this Court affirmed the trial court's denial of O'Neal's petition for post-conviction relief. State v. O'Neal, 9th Dist. No. 08CA0028- M, 2008-Ohio-6572.

{¶6} On April 22, 2009, O'Neal filed a motion to invalidate his sentence. The trial court denied the motion and O'Neal filed his sixth notice of appeal in this matter. On appeal, this Court held that the nunc pro tunc sentencing entry issued by the trial court did not comport with the statutory mandates regarding the imposition of post-release control. On the authority of State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, this Court concluded that O'Neal was entitled to a new sentencing hearing due to the post-release control error. State v. O'Neal, 9th Dist. No. 09CA0045-M, 2010-Ohio-1252, ¶ 14.

{¶7} Before the trial court conducted the resentencing hearing, O'Neal moved to withdraw his plea, and he also moved to dismiss the indictment on the basis that the trial court had lost jurisdiction due to unreasonable delay without imposing a sentence. The trial court denied O'Neal's motions and he filed his seventh notice of appeal, raising numerous assignments of error. This Court concluded that the trial court did not have the authority to address O'Neal's motion to withdraw his plea, and that the trial court properly exercised its jurisdiction in resentencing O'Neal. State v. O'Neal, 9th Dist. No. 10CA0140-M, 2012-Ohio-396, ¶ 7 - ¶ 10. This Court specifically noted that the scope of O'Neal's resentencing hearing was limited to the proper imposition of post-release control pursuant to State v. Fischer, 128 Ohio St.3d 92, 2010- Ohio-6238. Id. at ¶ 6. Thus, the terms of his sentence as stated in the April 4, 2007 nunc pro tunc sentencing entry remained in place. We further held that O'Neal's allied offenses argument was barred by the doctrine of res judicata, and that defense counsel had not rendered ineffective assistance. Id. at ¶ 6, ¶ 12.

{ΒΆ8} On March 14, 2012, O'Neal filed a pro se motion in the trial court to correct clerical errors in the judgment entry pursuant to Crim.R. 36. The trial ...


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