Court of Appeals of Ohio, Eleventh District, Trumbull
Appeal from the Trumbull County Court of Common Pleas, Case
No. 2002 CR 00517.
Watkins, Trumbull County Prosecutor, and Charles L Morrow and
Ashleigh Musick, Assistant Prosecutors, Administration
Building, (For Plaintiff-Appellee).
Christopher McBride, pro se, (Defendant-Appellant).
CYNTHIA WESTCOTT RICE, P.J.
Appellant, Christopher L. McBride, appeals the judgment of
the Trumbull County Court of Common Pleas denying his motion
for resentencing, which was filed 14 years after his guilty
plea and sentencing on multiple counts of aggravated robbery,
aggravated burglary, kidnapping, rape, and related felonies.
At issue is whether the trial court erred in denying the
motion. For the reasons that follow, we modify the judgment
and affirm as modified.
On August 29, 2002, appellant was charged in a ten-count
indictment with two counts of aggravated robbery, each being
a felony-one; two counts of aggravated burglary, each being a
felony-one; two counts of rape, each being a felony-one;
kidnapping, a felony-one; kidnapping, a felony-two; burglary,
a felony-two; and receiving stolen property, a felony-four.
Appellant pled not guilty. Subsequently, he pled guilty to
each count as charged.
On March 31, 2003, the case came on for sentencing. The court
noted in its sentencing entry that appellant "terrorized
a minor, a 71-year-old widow, and a 51-year-old professional
woman, whom he raped in her own house." The court also
noted appellant has an extensive criminal history. The court
sentenced appellant to seven years in prison on five of the
felony-ones, and five years on one of the felony-twos, each
of which was ordered to be served consecutively to the other,
for a total of 40 years. The court also sentenced appellant
to seven years on two other felony-ones, six years on one
felony-two, and one year on the felony-four, each of which
was to be served concurrently.
Appellant did not file a direct appeal of his conviction.
Seven years later, in November 2010, he filed a pro se
petition for relief after judgment. The trial court dismissed
the petition. Again, appellant did not appeal that ruling.
On October 30, 2015, some 13 years after his sentencing,
appellant filed a pro se motion to withdraw his guilty plea.
Appellant did not argue his plea was involuntary or otherwise
invalid; instead, he asked for a resentencing, arguing the
trial court in its sentencing entry failed to set forth the
order in which his consecutive sentences were to be served.
The trial court denied the motion and appellant appealed this
ruling. This court, in State v. McBride, 11th Dist.
Trumbull No. 2016-T-0006, 2017-Ohio-891 ("McBride
I "), affirmed the court's judgment, but sua
sponte remanded for the trial court to correctly impose
post-release control. Appellant filed a notice of appeal in
the Ohio Supreme Court, which recently declined jurisdiction
Appellant then filed a motion to reopen his appeal in
McBride I, which this court denied.
In March 2017, the trial court resentenced appellant via a
nunc pro tunc sentencing entry pursuant to this court's
remand in McBride I.
One month later, on April 24, 2017, appellant filed the
instant motion for resentencing. The trial court denied the
motion. He now appeals the trial court's judgment,
asserting the following as his sole assignment of error:
"The trial court erred in denying McBride's Motion
for Resentencing in violation of his Due Process protections
under the Fourteenth Amendment to the U.S. Constitution and
Article I, Section 10 of the Ohio Constitution."
As a preliminary matter, we note that appellant has failed to
file a transcript of his guilty plea hearing or of his
sentencing hearing. Our review is thus limited to a