Court of Appeals of Ohio, Seventh District, Mahoning
Criminal Appeal from the Court of Common Pleas of Mahoning
County, Ohio Case No. 06 CR 95
Paul J. Gains, Mahoning County Prosecutor, and Atty. Ralph M.
Rivera, Assistant Prosecuting Attorney, 21 West Boardman
Street, 6th Floor, Youngstown, Ohio 44503, for
Jones, Pro Se, # A511-342, 2500 S, Avon-Belden Road, Grafton,
Ohio 44044, Defendant-Appellant.
BEFORE: David A. D'Apolito, Cheryl L. Waite, Carol Ann
OPINION AND JUDGMENT ENTRY
Pro se Appellant, Aaron Jones, appeals from the July 3, 2018
nunc pro tunc judgment of the Mahoning County Court of Common
Pleas, pursuant to this court's remand in State v.
Jones, 7th Dist. Mahoning No. 16 MA 0192,
2017-Ohio-9376, correcting Appellant's 20-year sentence
for aggravated robbery and aggravated burglary following a
jury trial to include the statutorily mandated five-year
period of postrelease control and notifying him of the
consequences should he violate postrelease control. For the
reasons stated, we affirm.
AND PROCEDURAL HISTORY
On May 25, 2006, Appellant was convicted on two counts:
aggravated robbery, a felony of the first degree, in
violation of R.C. 2911.01(A)(1) and (C); and aggravated
burglary, a felony of the first degree, in violation of R.C.
2911.11(A)(1) and (B). On July 20, 2006, the trial court
sentenced Appellant to an aggregate total of 20 years in
Appellant filed a direct appeal with this court in which he
argued that his convictions were not supported by sufficient
evidence and were against the manifest weight of the
evidence, the trial court failed to provide curative
instructions following defense objections, his speedy trial
rights were violated, error occurred in various sentencing
issues, and that his counsel provided ineffective assistance.
State v. Jones, 7th Dist. Mahoning No. 06 MA 109,
2008-Ohio-1541 ("Jones I "). We found no
merit to Appellant's arguments and affirmed his
conviction and sentence. Appellant filed a delayed appeal to
the Supreme Court of Ohio, which was denied. State v.
Jones, 120 Ohio St.3d 1414, 2008-Ohio-6166.
Following Appellant's direct appeal, he has filed
numerous postconviction motions. On January 5, 2007,
Appellant filed a "Petition to Vacate or Set Aside
Sentence" while his direct appeal was pending. In that
motion, he raised sufficiency of the evidence and speedy
trial arguments. On March 27, 2008, after Jones I
was released, Appellant filed a motion for a new trial. The
trial court denied that motion. No appeal was taken.
On July 23, 2008, Appellant filed a postconviction petition
to "Set Aside or Vacate Judgment of Conviction or
Sentence." In his petition, appellant asserted a speedy
trial violation and an ineffective assistance of counsel
claim. Two weeks later, Appellant filed an identical
petition. The trial court denied both petitions. No appeal
On February 25, 2009, Appellant filed a "Motion for
Acquittal" arguing that his convictions were not
supported by sufficient evidence. The trial court denied that
motion. No appeal was taken.
On November 18, 2009, Appellant filed a "Motion for Void
Judgment" in which he argued that his indictment was
defective. On December 28, 2009, Appellant filed a
postconviction petition to "Set Aside or Vacate Judgment
of Conviction or Sentence." On January 7, 2010,
Appellant filed a second postconviction petition to "Set
Aside or Vacate Judgment of Conviction or Sentence." The
trial court denied all three motions. Appellant appealed the
denial in State v. Jones, 7th Dist. Mahoning No. 10
MA 47, 2011-Ohio-1002 ("Jones II"). This
court ruled that Appellant's petition was both successive
and untimely filed and affirmed the trial court's
On December 5, 2011, Appellant filed a "Motion to
Correct Judgment and/or Vacate and Resentence Pursuant to
H.B. 86." The trial court denied that motion. Appellant
appealed and this court affirmed in State v. Jones,
7th Dist. ...