from the Franklin County Court of Common Pleas C.P.C. No.
brief: Ron O'Brien, Prosecuting Attorney, and Michael P.
Walton, for appellee.
brief: Levio D. Mack, pro se.
1} Defendant-appellant, Levio D. Mack, pro se,
appeals from a September 12, 2016 judgment of the Franklin
County Court of Common Pleas denying appellant's motion
for sentencing. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
2} Appellant confessed to having shot the victim,
Edgar Pettus, while robbing him and then attempting to start
a fire to hide the evidence. On January 14, 1994, appellant
was indicted on the following charges: Count 1 of the
indictment, aggravated murder with two capital specifications
and one firearm specification; Count 2 of the indictment,
aggravated robbery with three specifications; Count 3 of the
indictment, aggravated robbery with one specification; and
Count 4 of the indictment, aggravated arson with one
3} On May 31, 1994, appellant entered guilty pleas
to a stipulated lesser included offense of Count 1 of the
indictment, aggravated murder without the capital
specifications but with the firearm specification, and Count
3 of the indictment, aggravated robbery without the
specification. The trial court's judgment entry stated,
in pertinent part:
The Court finds that on May 31, 1994, the Defendant entered
pleas of guilty to the stipulated lesser included offense of
Count One of the indictment, to wit: Aggravated Murder
without death specifications, but with firearm specification
in violation of R.C. 2903.01, a Felony of the First
degree; and to Count Three of the indictment, to wit:
Aggravated Robbery without specification in violation of R.C.
2911.01, a Felony of the First degree, and was found guilty
of said charges by the Court.
(Emphasis added.) (June 1, 1994 Jgmt Entry at 1.)
4} The trial court imposed a sentence of 20 years to
life with respect to the aggravated murder charge, 3
additional years as to the firearm specification, and 6 to 25
years on the aggravated robbery charge. All prison terms were
ordered to be served consecutively. Eventually, appellant
filed a direct appeal and this court affirmed. State v.
Mack, 10th Dist. No. 94APA07-992 (Aug. 10, 1999).
5} In the years that followed appellant's
conviction, he has filed a number of motions that the trial
court has construed as petitions for postconviction relief.
As relevant to this appeal, on September 13, 2013, appellant
filed a "MOTION FOR ISSUANCE OF A FINAL APPEALABLE
ORDER." On October 1, 2013, the trial court overruled
the motion as untimely, barred by res judicata, and otherwise
lacking merit. Appellant filed a timely notice of appeal and
this court affirmed. State v. Mack, 10th Dist. No.
6} On October 22, 2015, appellant filed a motion for
sentencing, arguing that the trial court's sentencing
entry of June 1, 1994 was void because the entry clearly and
erroneously stated that aggravated murder was "a Felony
of the First degree, " and for failing to indicate the
sequence in which the consecutive sentences were to be
7} On September 12, 2016, the trial court denied
appellant's motion. The trial court noted that:
Defendant argues that his sentence is void and as a result,
he is entitled to be resentenced. His argument hinges on the
fact that the Judgment Entry erroneously classified
Aggravated Murder in violation of R.C. 2903.01 as "a
Felony of the First degree, " when in fact Aggravated
Murder is an unspecified felony.
* * *
The record clearly establishes that the inclusion of "a
Felony of the First Degree" in the Judgment Entry was an