Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-94-307962-B
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
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
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
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,