from Shelby County Common Pleas Court Criminal Division Trial
Court No. 10CR000138
Bauer for Appellee
Defendant-appellant Rian Lynn ("Lynn") appeals the
judgment of the Court of Common Pleas of Shelby County,
alleging that the trial court erred by (1) engaging in
impermissible judicial fact finding; (2) sentencing him under
an unauthorized statute; (3) construing his motion to correct
an illegal sentence as a petition for post-conviction relief;
(4) failing to notify him of the mandatory requirements of
R.C. 2947.23; and (5) failing to advise him of his right to a
direct appeal. For the reasons set forth below, the judgment
of the lower court is affirmed.
and Procedural History
On June 24, 2010, Lynn was indicted on two counts of rape in
violation of R.C. 2907.02(A)(2) with sexually violent
predator specifications; one count of aggravated burglary in
violation of R.C. 2911.11(A)(1); one count of kidnapping in
violation of R.C. 2905.01(A)(4); and one count of abduction
in violation of R.C. 2905.02(B). Doc. 1. On December 7, 2010,
he pled guilty to one count of rape in violation of R.C.
2907.02(A)(2) with a specification that he was a sexually
violent predator. Doc. 126. The remaining charges against
Lynn were dismissed. Doc. 126. The trial court accepted his
guilty plea on December 7, 2010. Doc. 127. Lynn then, on
December 28, 2010, filed a motion to withdraw his guilty plea
and requested that his case proceed to trial. Doc. 137. The
trial court denied this motion after a hearing on January 19,
2011. Doc. 143.
Lynn was sentenced on February 7, 2011, and was ordered to
serve a prison term of fifteen years to life. Doc. 152.
During the sentencing, the trial court failed to inform Lynn
that this sentence included a mandatory term of post-release
control. Doc. 152. He appealed the decision of the trial
court on March 7, 2011. Doc. 165. State v. Lynn, 3d
Dist. Shelby No. 17-11-08, 2011-Ohio-6014, ¶ 10. In his
direct appeal, he challenged the decision of the trial court
to deny his motion to withdraw his guilty plea. Id.
On November 21, 2011, this Court affirmed the decision of the
trial court. Id. . at ¶ 21.
Lynn filed a second motion to withdraw his guilty plea on
October 21, 2013. Doc. 177. In this motion, he argued that
the trial court did not impose the sentence he agreed to in
his plea agreement and instead sentenced him to a
fifteen-year sentence. Doc. 177. The trial court denied this
motion on October 25, 2013. Doc. 178. Lynn did not file an
appeal of the trial court's decision on this motion. On
March 12, 2014, Lynn filed a third motion to withdraw his
guilty plea in which he argued that the trial court failed to
inform him of the mandatory term of post release control that
was included in his sentence. Doc. 184. In response, on March
21, 2014, the trial court set a date for a resentencing
hearing but denied Lynn's motion to withdraw his guilty
plea. Doc. 186. At the resentencing hearing, on April 17,
2014, the trial court informed Lynn of the mandatory term of
post-release control that was part of his sentence. Doc. 217.
Lynn subsequently filed an appeal over the trial court's
decision to dismiss his motion to withdraw his guilty plea.
Doc. 223.However, Lynn did not file his notice of appeal
until May 19, 2014, making his appeal untimely. Doc. 223.
Consequently, his appeal was dismissed.
On April 14, 2016, Lynn filed a motion to vacate the judgment
and withdraw his guilty plea. Doc. 232. In this motion, he
argued that he had not agreed to the five years of
post-release control in his plea agreement. Doc. 232. The
trial court denied this motion on April 22, 2016. Doc. 234.
In response to the trial court's decision, Lynn filed a
notice of appeal on May 23, 2016. Doc. 240. Lynn argued that
the trial court engaged in an improper reformation of his
plea agreement by including the term of post-release control
as part of his sentenced and, therefore, erred in denying his
motion. This Court affirmed the decision of the trial court.
On March 21, 2017, Lynn filed a motion to correct an illegal
sentence with the trial court. Doc. 256. The trial court
treated this motion as though it was a petition for
post-conviction relief pursuant to R.C. 2953.21. Doc. 258.
The trial court determined that this motion was not submitted
by the deadline established by R.C. 2953.21(A)(2). The trial
court "denie[d] and dismissed" Lynn's motion
on April 10, 2017. Doc. 258. On April 20, 2017, Lynn filed
notice of appeal. Doc. 265. In his brief, he lists five
assignments of error, which read as follows:
First Assignment of Error
court errored [sic] at sentencing by making unconstitutional
judicial fact findings to enhance appellant's sentence to
more than the minimum sentence.