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State v. Jordan

Court of Appeals of Ohio, Second District

August 9, 2013

STATE OF OHIO Plaintiff-Appellee
v.
CURTIS A. JORDAN Defendant-Appellant

(Criminal Appeal from (Common Pleas Court) Trial Court Case No. 2011-CR-1312

MATHIAS H. HECK, JR., by MICHELE D. PHIPPS, Atty. Reg. #0069829, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Attorney for Plaintiff-Appellee

CURTIS A. JORDAN, Defendant-Appellant, pro se

OPINION

FAIN, P.J.

(¶ 1} Defendant-appellant Curtis A. Jordan appeals from an order overruling his petition for post-conviction relief and motion to withdraw his guilty plea. Jordan contends that the trial court did not have subject-matter jurisdiction to convict and sentence him for Nonsupport of Dependents, because all of his children were at least eighteen years of age at the time he was convicted.

(¶ 2} We conclude that the trial court had subject-matter jurisdiction to convict and sentence Jordan for Nonsupport of Dependents. Accordingly, the judgment of the trial court is Affirmed.

I. Course of the Proceedings

(¶ 3} On June 14, 2011, Jordan was indicted on eight counts of Nonsupport of Dependents, felonies of the fifth degree, in violation of R.C. 2919.21(B). The indictment provided that three of the offenses (counts one, four, and seven) were committed between January 1, 2004 and December 31, 2005; three of the offenses (counts two, five, and eight) were committed between January 1, 2006 to December 31, 2007; and two of the offenses (counts three and six) were committed between January 1, 2008 and July 31, 2008.

(¶ 4} On August 9, 2011, pursuant to a negotiated plea bargain, Jordan pled guilty to five counts of Nonsupport of Dependents, all felonies of the fifth degree. Counts three, six, and eight of the indictment were dismissed as part of the plea bargain. On September 6, 2011, Jordan was sentenced to a total of 24 months in prison and was ordered to pay over $20, 000 in restitution to the Ohio Child Support Payment Central. Jordan did not appeal from his conviction or sentence.

(¶ 5} In April 2012, Jordan filed a "Motion for Sentence Modification." The trial court overruled the motion, finding that it had no inherent authority to modify a sentence once that sentence has been executed. Dkt. 30, p. 2. The trial court also construed Jordan's motion as a petition for post-conviction relief and overruled it as untimely pursuant to R.C. 2953.21(A)(2) and 2953.23(A). Jordan did not appeal from the trial court's order.

(¶ 6} In August 2012, Jordan filed two motions to dismiss, requesting the trial court "to enter its order dismissing any and all child support." Dkt. 34-35. Jordan contended that the trial court lacked subject-matter jurisdiction to order him to pay child support, because the trial court "is without power to provide an emancipated child with support." Id. The trial court overruled Jordan's motions to dismiss.

(¶ 7} On October 18, 2012, Jordan filed a "Request for Reconsideration, " which the trial court construed as a petition for post-conviction relief and a motion to withdraw his guilty plea. Jordan did not provide any evidentiary material in support. The trial court overruled Jordan's request, finding that Jordan's petition for post-conviction relief was untimely, Jordan had waived any alleged defects in the indictment by not filing a direct appeal, and Jordan had failed to establish the requisite manifest injustice to withdraw his guilty plea. Dkt. 38.

(¶ 8} From this order overruling his Request for Reconsideration, ...


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