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State v. Jackson

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 1, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
MAURICE JACKSON, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-94-307962-B

         JUDGMENT: AFFIRMED

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Frank Romeo Zeleznikar, Assistant Prosecuting Attorney, for appellee.

          Maurice Jackson, pro se.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, PRESIDING JUDGE.

         {¶ 1} Maurice Jackson ("Jackson") appeals pro se from the trial court's denial of his motion to vacate void judgment regarding his sentence of two years of probation for a robbery conviction in 1994. Jackson assigns the following errors for our review:

I. The trial court entered into a mutual mistake of law by placing the appellant on probation to a nonprobational offense thus, [sic] violating R.C. 2951.02(F)(3).
II. The trial court sentenced the appellant to a crime not charged in the indictment, thus violating Cr.R. 7(D)[.]

         {¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's judgment. The apposite facts follow and are taken from State v. Jackson, 8th Dist. Cuyahoga No. 92013, 2009-Ohio-3293, in which this court affirmed the trial court's denial of one of Jackson's motions to withdraw his guilty plea regarding the same 1994 robbery:

On March 29, 1994, the Cuyahoga County Grand jury charged appellant under a two-count indictment alleging aggravated robbery, in violation of R.C. 2911.01, and having a weapon while under disability, in violation of R.C. 2923.13, in Case No. CR-307962. Each offense carried a separate firearm specification.
On August 2, 1994, the State deleted the firearm specification from the first count of the indictment, deleted the word "firearm" from the body of the indictment, amended the aggravated robbery charge to robbery, and entered a nolle prosequi on the second count of the indictment in exchange for appellant's guilty plea and an agreed sentence.
On August 12, 1994, the trial court imposed a sentence of 8 to 15 years of incarceration, then suspended the sentence and imposed two years of probation, to begin after appellant completed serving time for his prior convictions in cases CR-299472, CR-302462, and CR-310068.
On June 19, 1997, appellant was released from incarceration and began serving the two years of probation imposed in the instant case. However, appellant soon violated his probation, thereby extending his sentence until June 21, 2001.
On April 18, 2000, while still on probation, appellant was indicted in a new case, CR-390243, this time alleging rape, ...

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