from the Franklin County (C.P.C. No. 15CR-835) Court of
O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for
L. Battin, pro se.
1} Defendant-appellant, James L. Battin, appeals the
decision of the Franklin County Court of Common Pleas denying
appellant's motion to correct an illegal sentence. For
the following reasons, we affirm the trial court.
FACTS AND PROCEDURAL HISTORY
2} Appellant's appeal concerns whether the trial
court's consideration of his two pro se motions, which he
filed while represented by counsel, rendered his subsequent
sentence and conviction "illegal" and/or
"void." (Oct. 18, 2018 Mot. to Correct Illegal
Sentence at 1.)
3} In February 2015, appellant was indicted for
kidnapping and rape, both with associated firearm
specifications. Represented by appointed counsel, appellant
initially entered a plea of not guilty. In March 2015,
defense counsel for appellant filed a "Motion for
Bail" seeking a reduction in the surety bond. (Mar. 5,
2015 Mot. at 1.) A couple of days later, on March 9, 2015,
appellant filed his own "Motion for Bond Reduction"
also asking the trial court to lower his surety bond. (Mar.
9, 2015 Mot. at 1.) A case processing sheet filed the same
day as the scheduled bond hearing notes "no change"
in bond. (Mar. 19, 2015 Processing Sheet at 1.) On March 15,
2015, while he was apparently still represented by counsel,
appellant filed another motion on his own, this time asking
for the trial court to order internet access for him while in
4} A criminal processing sheet filed on June 10,
2015, the date set for trial, notes a change in the
cash/surety bond from $1, 000, 000 to $750, 000. Appellant
attempted to appeal the June 10, 2015 order, but this court
dismissed the notice of appeal as untimely filed. On June 17,
2015, the trial court filed an entry denying appellant's
motion for internet usage.
5} Pursuant to a plea agreement and while he was
represented by counsel, on March 16, 2016, appellant entered
a plea of guilty to the "stipulated lesser included
offense of Felonious Assault" with a firearm
specification. (Mar. 16, 2016 Entry of Guilty Plea at 1.) The
prosecution and defense jointly recommended a sentence. By a
judgment entry dated March 21, 2016, the trial court found
appellant guilty of felonious assault, ordered a nolle
prosequi entered for the kidnapping count, and sentenced
appellant according to the jointly recommended sentence.
6} On September 26, 2017, appellant filed a motion
to vacate his conviction and sentence and to dismiss the
indictment with prejudice. Within it, appellant argued the
trial court exceeded its jurisdiction in accepting his guilty
pleas when felonious assault was not pled in the indictment.
The trial court denied the motion on November 28, 2017 and,
on December 21, 2017, denied appellant's additional
motion for an evidentiary hearing on the matter. Appellant
filed a timely notice of appeal of the trial court's
November 28, 2017 judgment. In State v. Battin, 10th
Dist. No. 17AP-911, 2018-Ohio-2533 ("Battin
I"), this court agreed with appellee and the trial
court that appellant's motion should be construed as an
untimely petition for postconviction relief under R.C.
2953.21(A). Therefore, we found the trial court lacked
jurisdiction to entertain appellant's petition and did
not err in denying appellant's petition.
7} On December 27, 2017, appellant filed a notice of
appeal from the March 16, 2016 judgment of conviction. This
court, construing his notice of appeal as a motion for
delayed appeal, denied appellant's motion.
8} On May 16, 2018, appellant filed a motion to
correct illegal sentence requesting the trial court issue an
order declaring his sentence and conviction void based on the
argument that felonious assault is not a lesser-included
offense of rape. The trial court denied the motion on May 29,
2018, and appellant appealed. Noting case law showing it is
legally permissible for a defendant to plead guilty to a
crime that has not been indicted, in State v.
Battin, 10th Dist. No. 18AP-402, 2018-Ohio-3947("Battin ...