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State v. Macksyn

Court of Appeals of Ohio, Fifth District, Stark

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DELANOR L. MACKSYN Defendant-Appellant

         Appeal from the Stark County Common Pleas Court, Case No. 2011CR1494

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney, By: KATHLEEN O. TATARSKY Assistant Prosecuting Attorney.

          For Defendant-Appellant DELANOR L. MACKSYN, PRO SE.

          JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          HOFFMAN, P.J.

         {¶1} Appellant Delanor L. Macksyn appeals the judgment entered by the Stark County Common Pleas Court overruling his motion for reconsideration of sentence. Appellee is the State of Ohio.

         STATEMENT OF THE CASE[1]

         {¶2} In 2012, Appellant was convicted of three counts of unlawful sexual conduct with a minor (R.C. 2907.04(A)(B)(3)) following jury trial in the Stark County Common Pleas Court. He was sentenced to sixty months incarceration on each count, to be served consecutively, for a total of 180 months (fifteen years). His convictions were affirmed by this Court on direct appeal. State v. Macksyn, 5th Dist. Stark No. 2012CA00140, 2013-Ohio-1649.

         {¶3} On July 28, 2017, Appellant filed a motion for reconsideration of his sentence. He argued the trial court failed to inform him of his right to appeal; failed to inform him of postrelease control, the consequences of violating postrelease control, and failed to incorporate the imposition of postrelease control into the sentencing entry; failed to make findings to support the imposition of consecutive sentences; and improperly sentenced him on a count on which he was acquitted. The court summarily overruled the motion. Appellant prosecutes his appeal from this August 1, 2017 judgment of the court, assigning as error:

I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO NOTIFY APPELLANT OF HIS RIGHTS TO APPEAL CRIM. R. 32(B) VIOLATING HIS DUE PROCESS.
II. THE TRIAL JUDGE VIOLATED THE APPELLANTS DUE PROCESS OF LAW WHEN IMPOSING MAXIMUM AND CONSECUTIVE SENTENCES WITHOUT THE AUTHORITY TO ACT.
III. THE TRIAL COURT ERRED IN IMPROPERLY IMPOSING POST-RELEASE CONTROL AT THE SENTENCING HEARING AND FAIL [SIC] TO INCORPORATE POST-RELEASE CONTROL INTO ITS SENTENCING ENTRY THUS VIOLATING APPELLANTS DUE PROCESS.
IV. THE APPELLANT WAS DENIED DUE PROCESS AND PROTECTION FROM DOUBLE JEOPARDY WHEN THE INDICTMENT FAILED TO DIFFERENTIATE WHICH INCIDENTS ...

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