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State v. Crum

Court of Appeals of Ohio, Fifth District, Stark

December 11, 2017

STATE OF OHIO Plaintiff-Appellee
v.
SHANE CRUM Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 1996CR1057

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney RONALD MARK CALDWELL Assistant Prosecuting Attorney.

          For Defendant-Appellant SHANE CRUM, Pro Se.

          Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., Judges.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Shane Crum, appeals the June 14, 2017 judgment entry of the Court of Common Pleas of Stark County, Ohio, denying his motion filed June 8, 2017. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On March 27, 1997, a jury convicted appellant of one count of rape in violation of R.C. 2903.02, one count of felonious sexual penetration in violation of R.C. 2907.12, and one count of gross sexual imposition in violation of R.C. 2907.05. By judgment entry filed March 31, 1997, the trial court sentenced appellant on each count, to be served consecutively, culminating in an aggregate term of life in prison.

         {¶ 3} Appellant appealed his conviction and sentence which this court affirmed on October 26, 1998. State v. Crum, 5th Dist. Stark No. 97-CA-0134, 1998 WL 818055 (Oct. 26, 1998), appeal not accepted, 85 Ohio St.3d 1406, 706 N.E.2d 788. One of the assignments of error raised the issue of allied offenses and merger under R.C. 2941.25.

         {¶ 4} On February 19, 2004, appellant filed a petition to vacate or set aside sentence pursuant to R.C. 2953.21, claiming newly discovered evidence in the form of undisclosed witness statements. By judgment entry filed December 16, 2004, the trial court denied the petition.

         {¶ 5} Appellant appealed the denial which this court affirmed on December 27, 2005. State v. Crum, 5th Dist. Stark No. 2005CA00024, 2005-Ohio-7037, appeal not accepted, 109 Ohio St.3d 1457, 2006-Ohio-2226, 847 N.E.2d 6.

         {¶ 6} On June 8, 2017, appellant filed a motion to correct void sentence for the court's failure to comport with the statutory requirements of R.C. 2941.25, claiming the trial court erred in failing to conduct a sentencing hearing on the merger issue. By judgment entry filed June 14, 2017, the trial court denied the motion.

         {¶ 7} Appellant filed an appeal and this matter is now before this court for consideration. ...


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