from the Franklin County Court of Common Pleas (C.P.C. No.
O'Brien, Prosecuting Attorney, and Kimberly M. Bond, for
L. Battin, pro se.
1} In his return here on this case, James L. Battin
appeals the trial court's June 26, 2019 denial of his
June 12, 2019 "Motion to Correct Illegal and Void
Sentence." For reasons that overlap with some of our
previous rulings in this matter, we will affirm the judgment
of the trial court.
2} Mr. Battin acknowledges that after he was
sentenced pursuant to his guilty plea and agreed sentence
proposal, he "did not file a timely appeal."
Appellant's Brief at 1. He also is candid in noting that
"[h]owever, he has filed many collateral attack motions
challenging his sentence as being void in many aspects."
Id. at 2. We incorporate here the many recitations
we have provided of the procedural background of this matter,
but offer a shorter overview drawing on just three of our
earlier decisions. See State v. Battin (which for
ease of reference we shall call "Battin
I"), 10th Dist. No. 17AP-911, 2018-Ohio-2533;
State v. Battin ("Battin II "),
10th Dist. No. 18AP-402, 2018-Ohio-3947; State v.
Battin ("Battin III "), 10th Dist.
No. 18AP-888, 2019-Ohio-2195.
3} The state charged Mr. Battin by indictment with
one count of kidnapping and one count of rape, each with an
attached firearm specification. In due course, he entered
into a plea agreement proposing an agreed sentence: he
pleaded guilty to the second degree felony of felonious
assault, with a three-year firearm specification, and joined
with the state in recommending a four-year sentence on the
felonious assault, consecutive to the three years on the
specification, for a total prison sentence of seven years.
The court accepted his plea, adopted his recommendation, and
by entry dated March 21, 2016 sentenced him to the agreed
seven years in prison.
4} Battin I held that the trial court had
not erred in denying an untimely postconviction relief
petition (as predicated at least in part on an argument that
the court should vacate his conviction because felonious
assault is not a lesser-included offense within the indicted
charge of rape). Battin II affirmed the trial
court's denial of a motion to "correct" a
"void" sentence (as again predicated in part on an
argument that his plea had not been valid because he had not
been indicted for felonious assault). And Battin III
again affirmed the trial court in having denied a motion to
"correct" a claimed "illegal" or
5} In appealing now from the trial court's June
26, 2019 denial of his motion to correct what he deems an
illegal and void sentence, Mr. Battin posits four assignments
[I.] The trial court was without the proper jurisdiction to
impose a three-year mandatory prison term upon the Appellant
pursuant to R.C. 2941.145.
[II.] The trial court committed plain error upon the
Appellant on and at the March 16, 2016 sentencing hearing.
[III.] The trial court committed prejudicial error upon the
Appellant for failure to make and file findings of facts and
conclusions of law.
[IV.] The trial court violated the * * * appellant's
[rights under] the protections of the Fifth Amendment's
double jeopardy Clause ...