Court of Appeals of Ohio, Fifth District, Guernsey
from the Guernsey County Court of Common Pleas, Case No.
PLAINTIFF-APPELLEE JASON R. FARLEY MELISSA R. BRIGHT
DEFENDANT-APPELLANT JEPHTHAH I MONTGOMERY, PRO SE ASSISTANT
William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon.
Craig R. Baldwin, J.
Defendant-appellant Jephthah Montgomery appeals from the
December 6, 2018 order of the Guernsey County Court of Common
Pleas denying his Motion for Resentencing. Plaintiff-appellee
is the State of Ohio.
OF THE FACTS AND CASE
On May 8, 2001, appellant pleaded no contest to two counts of
aggravated murder with capital specifications, one count of
aggravated robbery, a felony of the first degree, and one
count of aggravated burglary, also a felony of the first
degree, pursuant to a negotiated plea. In exchange for the
plea, the State dismissed the remaining counts of the
indictment and agreed not to seek the death penalty.
The court held a sentencing hearing on November 6, 2001. The
trial court, pursuant to a Judgment Entry of sentence filed
on the same day, imposed concurrent terms of life
imprisonment with parole eligibility after twenty-five years
for the aggravated murder convictions, and concurrent terms
of nine years imprisonment on the aggravated robbery and
aggravated burglary convictions. Appellant did not appeal
On August 9, 2010, appellant filed a pro se motion to
withdraw his guilty plea pursuant to Crim. R. 32.1. Appellant
claimed that his sentence was void because the court
improperly imposed post-release control, and that his plea
was not knowing, intelligent, and voluntary. The trial court,
on October 13, 2010, overruled the motion. Appellant then
Pursuant to an Opinion filed on November 28, 2011 in
State v. Montgomery, 5th Dist. Guernsey No. 10CA42,
2011-Ohio-6145, this Court affirmed the judgment of the trial
Thereafter, on September 4, 2018, appellant filed a Motion to
Resentencing pursuant to R.C. 2967.28. Appellant, in his
motion, argued that the trial court had erred when it failed
to comply with R.C. 2967.28(B) 'by failing to impose any
post release control on the remaining unclassified felony to
witt (sic): C.T. 5: Aggravated Robbery where defendant
received nine years." Appellee filed a response to the
same on November 26, 2018. Pursuant to an Order filed on
December 6, 2018, the trial court denied appellant's
Appellant now raises the following assignments of error on
"I. THE TRIAL COURT ERRED WHEN IT FAILED TO HOLD A NEW
RE SENTENCING HEARING FOR FAILURE TO INCLUDE POST RELEASE
CONTROL ON THE FELONY ...