FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 04 12 4150 (A)
E. BROWN, pro se, Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER JUDGE.
Defendant-Appellant, Donald E. Brown, appeals the judgment of
the Summit County Court of Common Pleas. We affirm.
In 2005, the trial court sentenced Brown to an 11-year term
of imprisonment after a jury convicted him of one count of
trafficking in marijuana in violation of R.C. 2925.03(A)(2),
a first-degree felony, one count of possession of marijuana
in violation of R.C. 2925.11(A), a second-degree felony, one
count of possession of marijuana in violation of R.C.
2925.11(A), a fourth-degree misdemeanor, three counts of
having weapons while under disability in violation of R.C.
2923.13(A)(2)/(3), all third-degree felonies, one count of
endangering children in violation of R.C. 2919.22(A), a
first-degree misdemeanor, and one count of criminal trespass
in violation of R.C. 2911.21(A)(1), a fourth-degree
misdemeanor. The trial court also ordered Brown to serve a
five-year period of postrelease control upon his release from
prison. This Court affirmed Brown's convictions on
appeal. See State v. Brown, 9th Dist. Summit Nos.
23076, 23080, 2006-Ohio-6749.
On October 15, 2009, Brown filed a motion for resentencing
arguing that although the trial court's sentencing entry
imposed a five-year period of postrelease control, the trial
court failed to notify him of postrelease control at his
sentencing hearing. The State agreed that Brown should be
resentenced. On December 21, 2009, the trial court
resentenced Brown on the record to a mandatory eight-year
term of imprisonment and ordered him to serve a mandatory
five-year period of postrelease control. The trial court
journalized this sentence in an entry dated February 1, 2010.
In 2011, Brown filed a motion to vacate his sentence pursuant
to State v. Pelfrey, 112 Ohio St.3d 422 (2007),
arguing that his sentence for trafficking in marijuana (count
one of the indictment) is illegal. The State filed a brief in
opposition to Brown's motion to vacate sentence. A review
of the record indicates that the trial court never explicitly
ruled on Brown's motion to vacate sentence.
On October 31, 2013, Brown filed a "motion to discharge
defendant from all obligations related to post release
control." The trial court held a hearing on Brown's
motion and, upon agreement of the parties, issued a nunc pro
tunc entry altering Brown's sentence with respect to his
trafficking in marijuana conviction from a mandatory
five-year period of postrelease control to a mandatory
three-year period of postrelease control. Thereafter, in
2015, Brown again filed a "motion to discharge defendant
from all obligations related to post release control, "
which was identical to his 2013 motion. The trial court
denied Brown's successive motion.
In July of 2016, Brown filed a writ of error coram nobis
resident and a motion to quash or hold, to which the State
responded in opposition. The trial court ultimately denied
Brown's motions concluding that a writ of error coram
nobis resident does not exist under Ohio law and that
Brown's motion to quash or hold was barred by the
doctrine of res judicata. On October 5, 2016, Brown filed a
motion to terminate his postrelease control, which the State
opposed. The trial court denied Brown's motion to
terminate postrelease control.
Brown filed this timely appeal and presents one assignment of
error for our review.