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State v. Lynn

Court of Appeals of Ohio, Third District, Shelby

October 30, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
RIAN LYNN, DEFENDANT-APPELLANT.

         Appeal from Shelby County Common Pleas Court Criminal Division Trial Court No. 10CR000138

          Rian Lynn Appellant

          Anne Bauer for Appellee

          OPINION

          WILLAMOWKSI, J.

         {¶1} 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.

         Facts and Procedural History

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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"[1] 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

         Trial court errored [sic] at sentencing by making unconstitutional judicial fact findings to enhance appellant's sentence to more than the minimum sentence.

         Second ...


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