from the Court of Common Pleas, Case No. 1996CR1057
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney
RONALD MARK CALDWELL Assistant Prosecuting Attorney.
Defendant-Appellant SHANE CRUM, Pro Se.
Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon.
Earle E. Wise, Jr., Judges.
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.
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
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
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. ...