Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Frank Romeo Zeleznikar, Assistant Prosecuting
Attorney, for appellee.
Woods, pro se.
JOURNAL ENTRY AND OPINION
RAYMOND C. HEADEN, J.
1} Defendant-appellant, Leland Woods
("Woods"), appeals pro se from the trial
court's order denying his motion to correct sentence. For
the reasons that follow, we affirm.
of the Facts
2} After a jury trial, Woods was convicted in 2003
of one count of rape, eight counts of gross sexual
imposition, and one count of kidnapping a child who was under
the age of 13 at the time of the offenses. The trial court
sentenced him to life in prison for the rape; two years
incarceration on each of the gross sexual imposition counts,
to run concurrent with each other; and three years for the
kidnapping, to run consecutive to the sentence imposed on the
gross sexual imposition counts. The trial court did not
advise Woods of postrelease control at sentencing nor did it
include postrelease control in the sentencing entry.
3} Woods appealed his conviction and sentence, which
this court affirmed in State v. Woods, 8th Dist.
Cuyahoga No. 82789, 2004-Ohio-2700. The Ohio Supreme Court
subsequently denied Woods's motion to file a delayed
appeal. State v. Woods, 104 Ohio St.3d 1407,
2004-Ohio-6364, 818 N.E.2d 709.
4} In September 2010, Woods filed a motion to vacate
his sentence, contending that the sentence was void because
the trial court had not imposed postrelease control. The
trial court subsequently held a resentencing hearing at which
it reimposed the original sentence and, recognizing that the
sentences for gross sexual imposition and kidnapping had
expired, imposed a mandatory five-year term of postrelease
control on the rape charge only. We affirmed that decision in
State v. Woods, 8th Dist. Cuyahoga No. 96487,
5} On October 8, 2014, Woods filed a motion to
correct/revise judgment challenging the court's authority
to impose a life sentence for rape. That motion was denied on
November 6, 2014. Woods filed a motion on December 9, 2014,
challenging the verdict forms. The trial court denied the
motion on August 18, 2015. A motion to void sentence filed on
June 12, 2017, alleged the convicted offenses were allied
offenses. The trial court denied the motion to void sentence
on June 16, 2017. On September 11, 2018, Woods filed a motion
to vacate sentence because his sentence was imposed under the
allegedly unconstitutional statutes R.C. 2929.14, 2929.19,
and 2929.41. That motion was denied on September 17, 2018.
6} On October 30, 2018, Woods filed a motion to
correct sentence requesting the court to vacate the original
March 31, 2003 sentence. Woods again argued his prior
sentence should be remanded for resentencing because the 2003
sentence was based upon R.C. 2929.19, an unconstitutional
statute. A journal entry dated November 1, 2018, denied
Woods's motion, and he filed this timely appeal on
December 5, 2018. Woods presents the following assignment of
error: "The Defendant was denied due process when the
court sentenced the defendant pursuant to statues [sic] held
to be unconstitutional."
7} Woods argues he was denied due process when the
court sentenced him under statutes R.C. 2929.14(B), (C), and
(E)(4), 2929.19(B)(2), and 2929.41(A) that were subsequently
held unconstitutional in State v. Foster, 109 Ohio
St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. Because the statutes
were unconstitutional, Woods claims his sentence is void and
should be vacated and remanded.
8} Woods's motion to correct sentence, despite
its caption, meets the definition of a motion for
postconviction relief set forth in R.C. 2953.21(A)(1). A
motion for postconviction relief under R.C. 2953.21(A)(1) is
a motion that (1) was filed subsequent to Woods'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.
Reynolds,79 Ohio St.3d 158, 160, 1997-Ohio-304, 679
N.E.2d 1131. Woods's motion meets all these parameters,
and we will ...