CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2000-03-0306.
Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, for plaintiff-appellee.
Terrance Quillen, #A412908, defendant-appellant, pro se.
S. POWELL, JUDGE.
(¶ 1} Defendant-appellant, Terrance Quillen, appeals pro se from the Butler County Court of Common Pleas decision denying his motion to dismiss his indictment on three counts of rape, as well as its decision to resentence him to a mandatory five-year postrelease control term. For the reasons outlined below, we affirm in part, reverse in part, and remand for further proceedings.
(¶ 2} On April 9, 2001, Quillen pled guilty to three counts of rape in violation of R.C. 2907.02(A)(1)(b), all first-degree felonies. Quillen was subsequently sentenced to an aggregate 18-year jail term and properly notified of his mandatory five-year postrelease control obligations. However, as part of his sentencing entry, the trial court improperly included language indicating Quillen's postrelease control obligations were merely "up to" a maximum of five years. Quillen did not appeal from his conviction or sentence.
(¶ 3} On March 23, 2012, Quillen filed a pro se motion to dismiss his indictment and sentence. In support of this motion, Quillen argued that his sentence was void due to the improper imposition of his mandatory five-year postrelease control term, and therefore, "the statutory jurisdiction granted to the Butler County Common Pleas Court over the subject-matter of this motion" has ceased. The trial court denied Quillen's motion to dismiss on speedy trial grounds. However, finding Quillen's mandatory five-year postrelease control term was improperly imposed, the trial court ordered a new sentencing hearing limited to the proper imposition of his mandatory five-year postrelease control term.
(¶ 4} On October 9, 2012, the trial court held a resentencing hearing during which the court properly advised Quillen of his mandatory five-year postrelease control obligations. The trial court then issued an amended sentencing entry that properly notified Quillen that postrelease "control is mandatory in this case for 5 years." The trial court also made a finding that Quillen was entitled to 4, 187 days of jail time credit.
(¶ 5} Quillen now appeals from the trial court's decision, raising three assignments of error for review. For ease of discussion, Quillen's first assignment of error will be addressed out of order.
(¶ 6} Assignment of Error No. 2:
(¶ 7} THE TRIAL JUDGE ABUSED HIS DISCRETION BY SENTENCING THE APPELLANT WHILE HE WAS MENTALLY INCOMPETENT WHICH DENIES HIS SUBSTANTIVE AND PROCEDURAL DUE PROCESS GUARANTEES OF THE UNITED STATES CONSTITUTION FOURTEENTH AMENDMENT.
(¶ 8} In his second assignment of error, Quillen argues the trial court erred by resentencing him to the mandatory postrelease control term when he made "several incomprehensible statements" during his resentencing hearing indicating he was "not competent during those proceedings." In support of this claim, Quillen points to the following discussion before the trial court:
[DEFENSE COUNSEL]: My client has some notes here and I've asked him about it and he says that what the Court has told him up to this point hasn't answered his questions. The first is that he says he's unsure of why he's actually in court today given the nature of the motions that he's ...