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State v. Winters

Court of Appeals of Ohio, Fifth District, Muskingum

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
RONDIAL E. WINTERS Defendant-Appellant

         Appeal from the Muskingum County Court of Common Pleas, Case No. CR2012-0138

          For Plaintiff-Appellee: D. MICHAEL HADDOX MUSKINGUM COUNTY PROSECUTOR GERALD V. ANDERSON II

          For Defendant-Appellant: RONDIAL E. WINTERS, PRO SE

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J.

          OPINION

          DELANEY, J.

         {¶1} Defendant-Appellant Rondial E. Winters appeals the May 24, 2017 judgment entry of the Muskingum County Court of Common Pleas.

         FACTS AND PROCEDURAL HISTORY

         {¶2} This case arose when Winters elected to plead guilty to the following eight counts contained in a bill of information filed June 6, 2012: gross sexual imposition pursuant to R.C. 2907.05(A)(4), a felony of the third degree [Count I]; gross sexual imposition pursuant to R.C. 2907.05(A)(4), a felony of the third degree [Count II]; gross sexual imposition pursuant to R.C. 2907.05(A)(4), a felony of the third degree [Count III]; gross sexual imposition pursuant to R.C. 2907.05(A)(4), a felony of the third degree [Count IV]; pandering obscenity involving a minor pursuant to R.C. 2907.321(A)(1), a felony of the second degree [Count V]; pandering obscenity involving a minor pursuant to R.C. 2907.321(A)(1), a felony of the second degree [Count VI]; pandering obscenity involving a minor pursuant to R.C. 2907.321(A)(1), a felony of the second degree [Count VII]; and pandering obscenity involving a minor pursuant to R.C. 2907.321(A)(1), a felony of the second degree [Count VIII].

         {¶3} The State of Ohio's statements of fact at both the bill of information hearing and the later sentencing hearing established Winters had sexual contact with a minor under the age of thirteen on four separate occasions between June 1, 2001 and May 2, 2007. In the course of the investigation, the victim told police Winters had shown her pornography and seizure of Winters' computer yielded, e.g., four separate images of child pornography.

         {¶4} Winters affirmatively waived prosecution by indictment on June 6, 2012 and entered guilty pleas as charged in exchange for the State's recommended aggregate sentence of 14 years. (Winters then entered guilty pleas again on August 6, 2012 because the maximum sentence for Counts I through IV had been misstated at the first hearing.) Winters also elected to proceed with sentencing under the "current law" instead of the law in existence at the time the crimes occurred with respect to sex offender classification.

         {¶5} On August 29, 2012, the trial court entered an Entry Nunc Pro Tunc imposing prison terms of four years each upon counts Counts I through IV and prison terms of five years each upon Counts V through VIII. Counts I, II, III, and IV were to be served concurrently with each other [4 years total]. The terms for Counts V and VI were to be served concurrently to each other but consecutively to the terms imposed in Counts I through IV [5 years total]. The periods imposed upon Counts VII and VIII were to be served concurrently to each other but consecutively to the terms imposed for Counts 1 through IV and Counts V and VII [5 years total]. Winters' aggregate prison term was thus 14 years.

         {¶6} Winters did not file a direct appeal from his convictions and sentences.

         {¶7} On April 6, 2015, Winters filed a Motion to Correct Sentence arguing the trial court failed to make required findings of fact to impose consecutive sentences pursuant to R.C. 2929.14(C) and failed to determine whether the convictions represented allied offenses of similar import pursuant to R.C. 2941.25. The State responded with a motion in opposition. The trial court denied Winters' motion by entry dated May 14, 2015.

         {¶8} Winters appealed the trial court's May 14, 2015 judgment entry in State v. Winters, 5th Dist. Muskingum No. CT2015-0029, 2016-Ohio-622. ...


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