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State v. Jones

Court of Appeals of Ohio, Ninth District

August 28, 2013

STATE OF OHIO, Appellee
v.
ROBERT C. JONES, Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 03 09 2736.

APPEARANCES: ROBERT C. JONES, pro se, Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

JENNIFER HENSAL, J.

(¶1} Robert C. Jones appeals from a judgment of the Summit County common pleas court that denied his motion to correct illegal sentence. For the following reasons, this Court affirms.

I.

(¶2} In April 2004, a jury found Mr. Jones guilty of attempted aggravated murder and aggravated arson. The trial court sentenced him to ten years imprisonment for attempted aggravated murder and five years imprisonment for aggravated arson. It ordered him to serve the sentences consecutively. Mr. Jones appealed, but this Court upheld his convictions. State v. Jones, 9th Dist. Summit No. 22112, 2005-Ohio-265.

(¶3} In February 2005, Mr. Jones petitioned for post-conviction relief, alleging ineffective assistance of trial counsel. The trial court denied his petition. In October 2005, Mr. Jones filed a second petition for post-conviction relief, alleging that he had discovered new evidence. The trial court denied his petition, concluding that his arguments were barred by res judicata.

(¶4} In February 2013, Mr. Jones filed a "Motion to Correct Illegal Sentence and for a De Novo Resentencing." According to Mr. Jones, in State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, the Ohio Supreme Court clarified the test for determining whether two offenses should be merged as allied offenses under Revised Code Section 2941.25. He argued that Johnson applies retroactively; therefore, he is entitled to a new sentencing hearing. The trial court, however, denied his motion. Mr. Jones has appealed, assigning three errors.

II.

ASSIGNMENT OF ERROR I
THE TRIAL COURT COMMITTED PLAIN ERROR AND WAS WITHOUT STATUTORY JURISDICTION TO SENTENCE MR. JONES CONSECUTIVELY FOR ATTEMPTED AGGRAVATED MURDER AND AGGRAVATED ARSON, THAT OCCURRED AT THE SAME TIME BY THE SAME CONDUCT AND ARE ALLIED OFFENSES OF SIMILAR IMPORT, RENDERING THE SENTENCE VOID.
ASSIGNMENT OF ERROR II
THE OHIO SUPREME COURT DECISION OF STATE V. JOHNSON, 128 Ohio St.3d 153, 942 N.E.2D 1061, IS AN "INTERVENING" "RETROACTIVE STATUTORY INTERPRETATION OF WHAT R.C. ยง 2941.25, HAS ALWAYS MEANT, " THE GENERAL RULE IS THAT A DECISION OF A COURT OF SUPERIOR JURISDICTION OVERRULING A FORMER DECISION IS RETROSPECTIVE IN ITS OPERATION, AND THE ...

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