Court of Appeals of Ohio, Second District, Champaign
Appeal from Common Pleas Court Trial Court Case No.
A. NAPIER, Atty. Reg., Assistant Prosecuting Attorney,
Champaign County Prosecutor's Office, Attorney for
ABRAHAM ISA, Inmate, Defendant-Appellant-Pro Se
1} Abraham Isa appeals from a judgment of the
Champaign County Court of Common Pleas which denied his
motion to vacate a void judgment as well as his motion to
correct a clerical error. For the following reasons, the
trial court's judgment will be affirmed.
Facts and Procedural History
2} In 2007, Isa was convicted of thirteen counts of
gross sexual imposition and two counts of rape involving five
young women, two of whom were minors. The trial court
sentenced Isa to an aggregate prison term of 24 1/2 years.
His conviction was affirmed on direct appeal. State v.
Isa, 2d Dist. Champaign No. 07-CA-37, 2008-Ohio-5906
3} In 2009, Isa filed two motions for re-sentencing.
The first motion asserted that his sentence was void due to a
post-release control defect with the second motion asserting
his sentence was improperly computed. We affirmed the trial
court's denial of these motions. State v. Isa,
2d Dist. Champaign Nos. 10-CA-1, 10-CA-2, 2010-Ohio-3770
(Isa II ). With respect to the issue of post-release
control, raised in Case No. 10-CA-1, we stated: "Based
upon the record, we find no merit to Isa's contention
that his sentence is void due either to a failure to provide
for post-release control or a failure to advise him of
post-release control." Id. at ¶ 16.
4} Isa later filed a "Motion to Vacate Sentence
[as] Contrary to Law, " in which he asserted ineffective
assistance of defense counsel, in part for allegedly advising
him to reject a favorable plea bargain. The trial court
treated the motion as a petition for post- conviction relief,
and we affirmed the trial court's denial of that motion.
State v. Isa, 2d Dist. Champaign No. 2012-CA-44,
2013-Ohio-3382 (Isa III ). Isa subsequently filed a
motion for leave to file a delayed motion for a new trial and
a motion for a new trial. We affirmed the trial court's
denial of this motion, as well. State v. Isa, 2d
Dist. Champaign No. 2013-CA-20, 2014-Ohio-139 (Isa
5} Isa filed three additional motions in late 2013,
seeking resentencing, to contest his classification under the
Adam Walsh Act, a new trial, a change of venue, and for
disqualification of the elected trial judge. In February
2014, a visiting judge denied each of these
motions/petitions. Isa did not appeal these rulings.
6} On August 13, 2014, Isa filed a "Motion for
Re-Sentencing Based on Void Judgment." Isa claimed that
the trial court failed to notify him about the possibility of
community service in lieu of court costs, and that the trial
court failed to impose postrelease control as to counts 1
through 13 and counts 16 and 17. Isa states that the trial
court did not properly incorporate post-release control and
other notifications into its judgment entry.
7} On August 26, 2014, the trial court (visiting
judge) overruled his motion for resentencing. The court
reasoned that the court of appeals had addressed and rejected
Isa's argument regarding the imposition of post-release
control in Isa II, and that the law of the case
doctrine barred re-litigation of that issue. With respect to
cost costs, the trial court noted that a court "errs if
it fails to inform the defendant that he can be ordered to
perform community service if he fails to pay court
costs." However, the trial court found that Isa's
motion with respect to the imposition of court costs was
barred by res judicata. We affirmed. State v. Isa,
2d Dist. Champaign No. 2014-CA-31, 2015-Ohio-2876
8} In August 2015, Isa filed a motion for new trial
pursuant to Crim.R. 33 in which he claimed that he had
recently discovered new evidence demonstrating that his sons
had committed the offenses and then manipulated the victims
so that they accused Isa. He also filed a motion to correct a
void judgment claiming that the trial court violated the
prohibition against sentence packaging as set forth in
State v. Saxon, 109 Ohio St.3d 176, 2006-Ohio-1245,
846 N.E.2d 824. The trial court denied both motions. Isa
filed separate appeals. The denial of the motion for new
trial was affirmed in State v. Isa, 2d Dist.
Champaign No. 2015-CA-35, 2016-Ohio-4979 (Isa VI),
while the denial of the motion to correct a void judgment was
affirmed in State v. Isa, 2d Dist. Champaign No.
2015-CA-44, 2016-Ohio-4980 (Isa VII).
9} On December 29, 2016, turning to the instant
appeal, Isa filed a motion to vacate a void judgment in which
he argues that because the trial court, during the sentencing
hearing, did not impose a prison term for his convictions on
Counts 9, 11 and 12, the subsequent imposition in the
termination entry of 18 months imprisonment on each of these
counts resulted in a void sentence that must be vacated. He
also argues that the discrepancy between the sentencing
hearing and the termination entry effectively constitutes a
sentence modification that was made outside his presence in
violation of Crim.R. 43(A). The trial court denied the motion
by entry filed February 21, 2017. The trial court found that
Isa's motion was barred by the doctrine of res judicata.
The trial court further found that the record evinced a clear
intent by the trial court to impose the 18 month prison terms
during the sentencing hearing. Isa timely filed an appeal.
10} On March 8, 2017, Isa filed a motion to correct
clerical error in which he claimed that the termination entry
should be amended by a nunc pro tunc order vacating the
imposition of the 18 month sentences for the three relevant
counts. The trial court denied this motion, by entry dated
June 5, 2017, finding that the motion was premature as the
appeal pending on the denial of the motion to vacate would be
determinative of the issue. The trial court alternatively
found that the motion was ...