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State v. Garcia

Court of Appeals of Ohio, Ninth District, Lorain

November 20, 2017

STATE OF OHIO Appellee
v.
HUGO C. GARCIA Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 10CR079902

          APPEARANCES: HUGO C. GARCIA, pro se, Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and ELIZABETH LINDBERG, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          LYNNE CALLAHAN, JUDGE

         {¶1} Appellant, Hugo Garcia, appeals the entry of the Lorain County Common Pleas Court, which denied his motion to vacate his void sentence. For the reasons set forth below, this Court reverses.

         I.

         {¶2} In 2010, Mr. Garcia was indicted for trafficking in drugs and possession of drugs (marijuana), both second-degree felonies. On March 7, 2011, Mr. Garcia entered into a negotiated plea and pleaded guilty to the amended counts of funding of marijuana trafficking and possession of marijuana, both felonies of the third degree. The written plea agreement, signed by Mr. Garcia, his counsel, and the prosecutor, indicated that the offenses were allied and that Mr. Garcia would be sentenced to a four-year mandatory prison term and a $5, 000 mandatory fine on the funding of marijuana trafficking charge.

          {¶3} After his plea, Mr. Garcia suffered injuries that required long-term hospitalization and rehabilitation. He was eventually sentenced on June 9, 2014 to four years in prison and a mandatory $5, 000 fine.[1]

         {¶4} After Mr. Garcia's plea but prior to the imposition of his sentence, 2011 Am.Sub.H.B. No. 86 ("H.B. 86") became effective. As it pertains to Mr. Garcia, H.B. 86 provides that the maximum sentence that can be imposed for a third-degree felony is 36 months.

         {¶5} In November 2016, Mr. Garcia filed a motion to vacate his void sentence, which was denied by journal entry. The trial court reasoned that the "sentence was agreed upon by and between the Defendant and the State of Ohio "

         {¶6} Mr. Garcia filed this appeal, raising one assignment of error.

         II.

         Assignment of Error

         THE TRIAL COURT ERRED AND ABUSED JUDICIAL DISCRETION TO DENY THE MOTION TO VACATE VOID SENTENCE AND TO ORDER A NEW SENTENCING HEARING WHEN LACKING SUBJECT-MATTER JURISDICTION UNDER OHIO REV. CODE § 1.58(B) TO SENTENCE APPELLANT UNDER THE GREATER PENALTIES OF OHIO SENATE BILL 2 WHEN ...


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