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State v. Jones

Court of Appeals of Ohio, Fifth District

July 29, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
CHRISTOPHER MONTEZ JONES, Defendant-Appellant

Appeal from the Richland County Common Pleas Court, Case Nos. 04CR0207, 04CR267, and 04CR0881

For Plaintiff-Appellee JAMES J. MAYER, JR. PROSECUTING ATTORNEY, JILL M. COCHRAN Assistant Richland County Prosecutor

For Defendant-Appellant CHRISTOPHER JONES, PRO SE

Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Patricia A. Delaney, J.

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Christopher Montez Jones appeals the January 30, 2013 Judgment Entry entered by the Richland County Court of Common Pleas denying his motion to recalculate prior prison credit. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE[1]

{¶2} Appellant was convicted in three separate cases in the Richland County Court of Common Pleas after entering pleas of guilty to the charges therein. In Case No. 2004CR0207, Appellant entered a plea of guilty to one count of forgery, a fifth degree felony, in violation of R.C. Section 2913.31(A)(3). In Case No. 2004CR0267, Appellant entered a plea of guilty to one count of grand theft of a motor vehicle, a fourth degree felony, in violation of R.C. 2913.02(A)(1); one count of forgery, a fourth degree felony, in violation of R.C. 2913.31(A)(2); and one count of identity fraud, a third degree felony, in violation of R.C. 2913.49(B)(2). In Case No. 2004CR0881, Appellant entered a plea of guilty to one count of theft by deception, a fifth degree felony, in violation of R.C. 2913 .02(A)(3).

{¶3} Upon journalization of Appellant's sentences in the above cases, the trial court failed to properly memorialize the manner of conviction, that being Appellant's entering a plea of guilty to the charges.

{¶4} On May 21, 2010, Appellant moved the trial court to revise/correct his sentencing entries to comply with Criminal Rule 32(C) and State v. Baker, (2008), 119 Ohio St.3d 197, 893 N.E.2d 163, 2008-Ohio-3330 to include the manner of conviction.

{¶5} On June 2, 2010, the trial court granted Appellant's motion, issuing amended sentencing entries to comply with Criminal Rule 32(C) and the Supreme Court's holding in Baker, supra.

{¶6} On June 17, 2010, Appellant filed a notice of appeal from the June 2, 2010 resentencing entries. Via Opinion and Judgment Entry of March 11, 2011, this Court found Appellant's pleas were not knowingly, intelligently and voluntarily entered, reversing and remanding the matter to the trial court. See, State v. Montez, Fifth Dist. No. 10CA75, 10CA76, 10CA77, 2010-Ohio-1202.

{¶7} On May 17, 2011, Appellant reentered pleas of guilty to the charges, and the trial court immediately proceeded in resentencing Appellant.

{¶8} On December 21, 2011, Appellant appeared before the trial court for a probation violation hearing, and the trial court sentenced Appellant to a total of six years in prison. The trial court stated Appellant would be credited with any jail time due. In a subsequent entry, the trial court credited Appellant with 152 ...


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