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State v. Hitt

Court of Appeals of Ohio, Ninth District, Summit

June 5, 2019

STATE OF OHIO Appellee
v.
CHRISTOPHER HITT Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2013-09-2448

          PAUL M. GRANT, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, JUDGE

         {¶1} Appellant, Christopher Hitt, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms and dismisses in part.

         I.

         {¶2} 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.

         {¶3} 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 well.

         {¶4} 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.

         II.

         ASSIGNMENT OF ERROR I

         THE 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 OHIO CONSTITUTION.

         ASSIGNMENT OF ERROR II

         APPELLANT'S 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 ...


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