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State v. Saturday

Court of Appeals of Ohio, Ninth District, Summit

June 14, 2017

STATE OF OHIO Appellee
v.
NICHOLAS A. SATURDAY Appellant

         APPEAL 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.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and TABITHA STEARNS, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          TEODOSIO, JUDGE.

         {¶1} 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.

         I.

         {¶2} 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 post-release control.

         {¶3} 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.

         {¶4} 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 attorney.

         {¶5} 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.

         {¶6} For ease of analysis, we rearrange and consolidate Mr. Saturday's assignments of error.

         II.

         ASSIGNMENT OF ERROR TWO

         THE 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 ...


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