FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 2014-05-1430
KATHERINE ROSS-KINZIE, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and TABITHA STEARNS,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
Appellant, Nicholas A. Saturday, appeals from an order
denying his motion to vacate judicial sanction sentence by
the Summit County Court of Common Pleas. This Court affirms.
The Ashtabula Court of Common Pleas sentenced Mr. Saturday to
prison for unlawful sexual conduct with a minor. It is
unclear from the record if he appealed. Upon his release from
prison, Mr. Saturday was placed on five years of mandatory
While on post-release control, Mr. Saturday was convicted in
the Summit County Court of Common Pleas of identity fraud
against a disabled person and telecommunications harassment.
He was sentenced to two years in prison for identity fraud to
be served concurrently with 180 days in jail for
telecommunications harassment. He also received an
additional, consecutive judicial sanction sentence of 1, 215
days in prison for violating his Ashtabula County
post-release control. Mr. Saturday appealed to this Court and
the matter was reversed and remanded for the limited purpose
of allowing him the opportunity to seek a waiver of court
costs. State v. Saturday, 9th Dist. Summit No.
27521, 2015-Ohio-2136, ¶ 8-9. The State does not dispute
that Mr. Saturday has since served his sentences for identity
fraud against a disabled person and telecommunications
harassment, and he is currently incarcerated solely on the 1,
215-day judicial sanction sentence.
Mr. Saturday filed a motion to vacate judicial sanction
sentence in his Summit County case claiming that post-release
control was improperly ordered in his Ashtabula County case
and, thus, his Ashtabula County post-release control and his
Summit County judicial sanction sentence were both void. The
trial court denied the motion (1) as an untimely petition for
post-conviction relief, and alternatively (2) because Mr.
Saturday was notified of the consequences for violating
post-release control in a "Notice (Prison Imposed)"
form that was incorporated into his Ashtabula County
sentencing entry and signed by both Mr. Saturday and his
Mr. Saturday now appeals from the trial court's order
denying his motion to vacate judicial sanction sentence and
raises two assignments of error for this Court's review.
For ease of analysis, we rearrange and consolidate Mr.
Saturday's assignments of error.
OF ERROR TWO
TRIAL COURT ERRED WHEN IT DENIED NICHOLAS SATURDAY'S
MOTION TO VACATE HIS VOID JUDICIAL[ ]SANCTION SENTENCE BASED
ON POST[-]RELEASE CONTROL FROM ASHTABULA COUNTY CASE NO.
12-CR-035 WHEN THE SENTENCING ENTRY OMITTED ...