Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McBride

Court of Appeals of Ohio, Seventh District, Mahoning

June 20, 2018

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

          Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case Nos. 02 CR 900 A; 02 CR 943 A

          Atty. Paul J. Gains, Mahoning County Prosecutor and Atty. Ralph M. Rivera, Assistant Prosecuting Attorney Plaintiff-Appellee

          Christopher McBride, #A444-136 Trumbull Correctional Institution, Pro se Appellant.

          BEFORE: Cheryl L. Waite, Gene Donofrio, Carol Ann Robb, Judges.

          OPINION AND JUDGMENT ENTRY

          WAITE, J.

         {¶1} Appellant, Christopher McBride, appeals the judgment of the Mahoning County Common Pleas Court denying his motion for resentencing on his convictions for multiple counts of aggravated burglary, robbery and burglary. A review of the matter indicates Appellant's appeal is untimely and barred by res judicata. The judgment of the trial court is affirmed.

         Factual and Procedural History

         {¶2} On March 25, 2003, Appellant pleaded guilty in Mahoning County Common Pleas Case No. 2002 CR 900 A to the following: count one, burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree; count two, aggravated burglary in violation of R.C. 2911.01(A)(1), a felony of the first degree; count three, aggravated burglary in violation of R.C. 2911.01(A)(1), a felony of the first degree; count four, aggravated burglary in violation of R.C. 2911.01(A)(1), a felony of the first degree; count five, robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree; and count six, robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree. Counts two, three, and four had accompanying firearm specifications, violations of R.C. 2941.145(A).

         {¶3} Moreover, also on March 25, 2003, in Mahoning County Common Pleas Case No. 2002 CR 943 A, Appellant also pleaded guilty to aggravated burglary in violation of R.C. 2911.01(A)(1), a felony of the first degree; and robbery in violation of R.C. 2911.02(A)(3), a felony of the third degree. On June 3, 2003, the two cases proceeded to a single sentencing hearing. In case no. 02 CR 900 A, the trial court sentenced Appellant to three years of incarceration on the burglary charge in count one; three years on the aggravated robbery in count two; three years on the aggravated robbery in count three; three years on the aggravated robbery in count four; three years for the firearm specification in count four; three years on the robbery in count five and three years on the robbery in count six. All of these sentences were to be served consecutively. In case no. 02 CR 943 A, Appellant was sentenced to seven years of incarceration in count one (to be served consecutively to the sentences imposed under case no. 02 CR 900 A) and three years for robbery in count two, to be served concurrently to the sentence imposed in count one. Appellant's entire sentence in both cases totaled 28 years. The trial court also ordered this total sentence to be served consecutively to a sentence imposed on Appellant in a separate Trumbull County Court of Common Pleas case. Appellant did not appeal these sentences.

         {¶4} On June 22, 2005, Appellant filed a motion to withdraw his guilty pleas. The trial court denied the motion on August 25, 2005. Appellant did not appeal that judgment. On October 18, 2007, Appellant filed a motion for a delayed appeal of the trial court's June 6, 2003 entry of conviction and sentences. We denied Appellant's request for delayed appeal because it was improperly filed. State v. McBride, 7th Dist. No. 07 MA 185. On November 2, 2010, Appellant filed a second motion to withdraw his guilty pleas. The trial court denied Appellant's motion in a judgment entry dated November 22, 2010. Appellant did not appeal. On October 5, 2015, Appellant filed a third motion to withdraw his guilty pleas. On December 3, 2015, the trial court denied the motion. Appellant filed an appeal to this Court. On appeal, Appellant's appointed counsel filed a no merit brief. After reviewing the record, we affirmed the trial court's denial of Appellant's motion to withdraw his pleas. State v. McBride, 7th Dist. No. 16 MA 0002, 2017-Ohio-4281

         {¶5} On April 24, 2017, Appellant filed a motion for resentencing, arguing that his sentence violated due process because, pursuant to Ohio felony sentencing laws, the trial court improperly considered his juvenile adjudications. The trial court denied the motion without a hearing. Appellant filed this timely appeal.

         ASSIGNMENT OF ERROR

         Postconviction Petition

         {¶6} A motion which is not specifically authorized under the Ohio Rules of Criminal Procedure is classified as a postconviction petition if "it is a motion that (1) was filed subsequent to [the defendant's] direct appeal, (2) claimed a denial of constitutional rights, (3) sought to render the judgment void, and (4) asked for vacation of the judgment and sentence." State v. Hudson, 7th Dist. No. 16 JE 0007, 2017-Ohio-4280, ¶ 9, quoting State v. Reynolds,79 Ohio St.3d 158, 160, 679 N.E.2d 1131 (1997). Appellant's motion falls within these criteria, as his motion was filed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.