FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2013-09-2448
M. GRANT, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR, JUDGE
Appellant, Christopher Hitt, appeals the judgment of the
Summit County Court of Common Pleas. This Court affirms and
dismisses in part.
In 2013, the Summit County Grand Jury indicted Hitt on one
count of rape with a repeat violent offender specification
and one count of gross sexual imposition. Hitt ultimately
entered into a plea agreement where the indictment was
amended and he pleaded guilty to sexual battery and gross
sexual imposition. The repeat violent offender specification
was dismissed. The trial court imposed a 36-month prison
sentence for sexual battery and an 18-month prison sentence
for gross sexual imposition. The trial court ordered that
those sentences were to be served consecutively for a total
prison sentence of four years and six months. Hitt was
classified as a Tier III Sex Offender. In its April 3, 2015
sentencing entry, the trial court specified that Hitt could
file a motion for judicial release after he served three
years in prison, at which time the trial court would take the
motion into consideration.
On March 22, 2018, Hitt filed a motion for judicial release.
After an initial hearing, the trial court issued a journal
entry denying the motion. Though Hitt promptly filed a motion
for reconsideration, the trial court denied that motion as
Hitt filed a notice of appeal from the journal entry denying
his motion for judicial release as well as the journal entry
denying his motion for reconsideration. Hitt also
successfully moved this Court for a delayed appeal from the
April 3, 2015 sentencing entry. Now before this Court, Hitt
raises two assignments of error.
OF ERROR I
TRIAL COURT ERRED IN REFUSING TO HONOR THE SENTENCE IMPOSED
UPON APPELLANT AS NEGOTIATED AND IMPOSED IN VIOLATION OF THE
DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE U.S.
CONSTITUTION AND ARTICLE I, SECTIONS 1, 10 & 16 OF THE
OF ERROR II
PLEA WAS NOT KNOWINGLY, [INTELLIGENTLY], AND VOLUNTARILY MADE
IN VIOLATION OF THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENTS
TO THE U.S. CONSTITUTION AND ARTICLE ...