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State v. Walker

Court of Appeals of Ohio, Fifth District, Ashland

August 19, 2019

STATE OF OHIO Plaintiff-Appellee
v.
GARY D. WALKER Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 08 CRI 108

         JUDGMENT: Affirmed

          FOR PLAINTIFF-APPELLEE CHRISTOPHER R. TUNNELL PROSECUTING ATTORNEY COLE F. OBERLI ASSISTANT PROSECUTOR

          FOR DEFENDANT-APPELLANT GARY D. WALKER PRO SE WARREN CORR. INSTITUTION

          Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, JOHN, J.

         {¶1} 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.

         Underlying Criminal Case

         {¶2} 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 fifth degree.

         {¶3} 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.

         Appellant's 2011 Motion and Appeal

         {¶4} 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 sentence.

         {¶5} Appellant appealed that decision to this Court.

         {¶6} On March 30, 2012, this Court overruled appellant's two assigned errors and affirmed the decision of the trial court. See State v. Walker, ...


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