Court of Appeals of Ohio, Fifth District, Ashland
Criminal Appeal from the Court of Common Pleas, Case No. 08
PLAINTIFF-APPELLEE CHRISTOPHER R. TUNNELL PROSECUTING
ATTORNEY COLE F. OBERLI ASSISTANT PROSECUTOR
DEFENDANT-APPELLANT GARY D. WALKER PRO SE WARREN CORR.
W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Earle E.
Wise, Jr., J.
Appellant Gary D. Walker appeals the decision of the Court of
Common Pleas, Ashland County, which denied his pro
se "motion to vacate void judgment." Appellee
is the State of Ohio. The relevant procedural facts leading
to this appeal are as follows.
On September 9, 2008, appellant entered pleas of guilty in
the Ashland County Court of Common Pleas to three counts of
complicity to forgery. Each count was a violation of R.C.
2923.03(A)(2) and 2913.31(A)(3), and each was a felony of the
On October 14, 2008, the trial court sentenced appellant to
three terms of ten months in prison, to be served
concurrently. The court further ordered appellant to serve an
additional prison sentence of one year, consecutive, for the
violation of his prior post-release control, pursuant to R.C.
2929.141. The trial court also advised appellant of the
possibility of up to three years of post-release control upon
completion of the prison term.
2011 Motion and Appeal
On September 19, 2011, appellant filed a "motion to
correct void sentence" in the Ashland County Court of
Common Pleas. Appellant therein essentially argued that the
aforementioned imposition of one year of prison time for the
post-release control violation from his prior case (in the
Cuyahoga County Court of Common Pleas) was void because that
court had not properly advised him of certain terms of his
post-release control sanctions. On October 6, 2011, the
Ashland County Court of Common Pleas ("trial
court") overruled appellant's motion to correct void
Appellant appealed that decision to this Court.
On March 30, 2012, this Court overruled appellant's two
assigned errors and affirmed the decision of the trial court.
See State v. Walker, ...