Court of Appeals of Ohio, Fifth District, Muskingum
from the Court of Common Pleas, Case No. CR2015-0186
Plaintiff-Appellee TAYLOR P. BENNINGTON
Defendant-Appellant DARREN M. REESE, PRO SE
JUDGES: Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J.
Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant, Darren M. Reese, appeals the April
12, 2019 entry of the Court of Common Pleas of Muskingum
County, Ohio, denying his motion to correct void judgment.
Plaintiff-Appellee is state of Ohio.
AND PROCEDURAL HISTORY
2} On June 3, 2015, the Muskingum County Grand Jury indicted
appellant on four counts of trafficking in drugs in violation
of R.C. 2925.03, one count of illegal manufacture of drugs in
violation of R.C. 2925.04, and one count of possessing drugs
in violation of R.C. 2925.11.
3} On August 17, 2015, appellant pled no contest to the
charges. By entry filed August 19, 2015, the trial court
found appellant guilty, and by entry filed September 24,
2015, the trial court sentenced appellant to an aggregate
term of sixteen years in prison.
4} Appellant filed an appeal, arguing he was improperly
convicted based on the total weight of the narcotics rather
than the weight of the pure amount of cocaine. This court
affirmed appellant's convictions. State v.
Reese, 5th Dist. Muskingum No. CT2015-0046,
2016-Ohio-1591, aff'd, 150 Ohio St.3d 565,
2017-Ohio-2789, 84 N.E.3d 1002.
5} On November 30, 2018, appellant filed a motion to correct
void judgment, challenging the subject matter jurisdiction of
the trial court because the indictment failed to include
specific numerical designations; therefore, he was improperly
charged and his sentences should be deemed void. Appellant
further argued two of his counts were allied offenses and
should have been merged for sentencing. By entry filed April
12, 2019, the trial court denied the motion.
6} Appellant filed an appeal and this matter is now before
this court for consideration. ...