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State v. McBride

Court of Appeals of Ohio, Eleventh District, Trumbull

December 29, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
CHRISTOPHER L. McBRIDE, Defendant-Appellant.

         Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2002 CR 00517.

          Dennis Watkins, Trumbull County Prosecutor, and Charles L Morrow and Ashleigh Musick, Assistant Prosecutors, Administration Building, (For Plaintiff-Appellee).

          Christopher McBride, pro se, (Defendant-Appellant).

          OPINION

          CYNTHIA WESTCOTT RICE, P.J.

         {¶1} 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.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 at 2017-Ohio-8842.

         {¶6} Appellant then filed a motion to reopen his appeal in McBride I, which this court denied.

         {¶7} In March 2017, the trial court resentenced appellant via a nunc pro tunc sentencing entry pursuant to this court's remand in McBride I.

         {¶8} 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:

         {¶9} "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."

         {¶10} 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 ...


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