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State v. Rembert

Court of Appeals of Ohio, Fifth District, Richland

May 14, 2018

STATE OF OHIO Plaintiff-Appellee
v.
JOHN REMBERT Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 2003 CR 621

          For Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY EMILY K. HALL ASSISTANT PROSECUTOR

          For Defendant-Appellant DAVID M. WATSON

          Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, John, P. J.

         {¶1} Defendant-appellant John Rembert appeals the decision of the Richland County Court of Common Pleas imposing mandatory post-release control.

         {¶2} Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} The relevant facts and procedural history are as follows:

         {¶4} On October 8, 2003, Appellant was indicted on five separate counts, all of which contained a firearm specification: one count of aggravated robbery, a violation of R.C. §2911.01(A)(1), one count robbery, a violation of R.C. §2911.02(A), one count kidnapping, a violation of R.C. §2905.01 (A)(2), one count abduction, a violation of R.C. §2905.02(A)(1), and one count of having a weapon under disability, a violation of R.C. §2923.13(B). The indictment also contained a repeat violent offender specification, pursuant to R.C. §2941.149.

         {¶5} On July 8 and 9, 2004, the matter proceeded to a jury trial.

         {¶6} The jury returned a verdict of guilty on all counts and also found Appellant guilty of the firearm specification. In addition, the trial court made a finding of guilty on the repeat violent offender specification.

         {¶7} By Sentencing Entry filed July 14, 2004, the trial court sentenced Appellant to nine (9) years of imprisonment on aggravated robbery, nine (9) years of imprisonment on kidnapping, three (3) years of imprisonment on having a weapon under disability, and an additional (3) three years of imprisonment for the firearm specification. The count of robbery was merged into the aggravated robbery conviction. The count of abduction was merged into the kidnapping conviction. All counts were ordered to be served consecutively. In total, appellant was ordered to serve 24 years in prison.

         {¶8} On April 29, 2017, Appellant filed a pro se motion to vacate his sentence, arguing the trial court failed to properly notify him regarding mandatory Post-Release Control. The original sentence stated that Appellant's sentence included "up to" five years of ...


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