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State v. Walker

Court of Appeals of Ohio, Ninth District, Summit

March 28, 2018

STATE OF OHIO Appellee
v.
ANTHONY MAURICE WALKER Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-1990-05-0801

          ANTHONY MAURICE WALKER, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, Judge

         {¶1} Defendant-Appellant, Anthony Maurice Walker, appeals the October 12, 2017 journal entry from the Summit County Court of Common Pleas denying his motions for sentencing. This Court affirms.

         I.

         {¶2} On July 24, 1990, Walker retracted his not guilty plea, and entered a plea of guilty to one count of aggravated murder with a death penalty specification, one count of rape, and one count of aggravated burglary. Walker waived his right to have his case presented to a three judge panel, and the matter proceeded to a hearing before a single judge to determine the imposition of the sentence for the capital offense of aggravate murder. The trial court found that the mitigating factors outweighed the aggravating circumstances and did not impose the death penalty.

         {¶3} In the sentencing entry of July 24, 1990, the trial court ordered that Walker

be committed to the Ohio Department of Rehabilitation and Correction for the REMAINDER OF HIS NATURAL LIFE, with parole eligibility after Thirty (30) Full Years, pursuant to [R.C.] 2929.03(D)(3)(b), for punishment of the crime of AGGRAVATED MURDER, [R.C.] 2903.01(B), a special felony; for an indeterminate period of not less than Ten (10) Years and not more than the maximum of Twenty-five (25) Years for punishment of the crime of RAPE, [R.C.] 2907.02(A)(2), an aggravated felony of the first (1st) degree, and for an indeterminate period of not less than Ten (10) Years and not more than the maximum of Twenty-five (25) Years for punishment of the crime of AGGRAVATED BURGLARY, [R.C.] 2911.11(A)(3), an aggravated felony of the first (1st) degree * * *.

         The trial court ordered that the sentence imposed on each of the three counts be served concurrently. Walker did not appeal his conviction.

         {¶4} Walker continued to serve his sentence and nearly twenty-seven years passed before Walker started filing a series of motions with the trial court. Walker has appealed the trial court's journal entry dated October 10, 2017, which was filed on October 12, 2017. This journal entry denied Walker's two motions for sentencing-one filed August 25, 2017, and the other filed September 12, 2017-but did not address any of Walker's other motions.

         {¶5} Walker now appeals from that order raising three assignments of error for our review. For ease of analysis, we elect to review Walker's assignments of error out of order.

         II.

         Assignment ...


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