Court of Appeals of Ohio, Fifth District, Richland
Criminal Appeal from the Court of Common Pleas, Case No. 2003
Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY EMILY K.
HALL ASSISTANT PROSECUTOR
Defendant-Appellant DAVID M. WATSON
John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Earle
E. Wise, Jr., J.
John, P. J.
Defendant-appellant John Rembert appeals the decision of the
Richland County Court of Common Pleas imposing mandatory
Plaintiff-appellee is the State of Ohio.
OF THE FACTS AND CASE
The relevant facts and procedural history are as follows:
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.
On July 8 and 9, 2004, the matter proceeded to a jury trial.
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.
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.
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 ...