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State v. Loyed

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 26, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
TYRONE LOYED, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-02-430383-ZA

         JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Callista Plemel, Assistant Prosecuting Attorney, for appellee.

          Tyrone Loyed, pro se.

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, JUDGE

         {¶ 1} Defendant-appellant, Tyrone Loyed, appeals pro se from his prison sentence. He raises the following assignments of error for review:

1. Trial court abused its discretion when it denied defendant's motion to correct illegal/void sentence as it is contrary to law.
2. The trial court abused its discretion when it denied defendant's motion to request a resentencing hearing as his current sentence is contrary to law, without holding an evidentiary hearing.

         {¶ 2} After careful review of the record and relevant case law, we affirm in part, reverse in part, and remand to the trial court to resentence Loyed in accordance with the applicable sentencing statutes. The trial court imposed a sentence that does not comport with the statutory language set forth in former R.C. 2929.03(A). Thus, the trial court exceeded its authority in sentencing. However, Loyed's arguments pertaining to the jury verdict forms could have been raised in his direct appeal and, therefore, are barred by res judicata.

         I. Procedural and Factual History

         {¶ 3} On May 20, 2003, a jury convicted Loyed of aggravated murder in violation of R.C. 2903.01, with a firearm specification, and having weapons while under disability in violation of R.C. 2923.13. On May 27, 2003, the court sentenced Loyed to a three-year term of imprisonment on the firearm specification, 20 years to life on the aggravated murder charge, and 11 months on the disability charge. The court ordered the firearm specification to be served consecutively with, and prior to, the aggravated murder offense.

         {¶ 4} On June 25, 2003, Loyed filed a direct appeal and this court affirmed his convictions. State v. Loyed, 8th Dist. Cuyahoga No. 83075, 2004-Ohio-3961. In his direct appeal, Loyed's only assignments of error related to an allegedly improper jury instruction and an allegedly improper limitation of testimony at trial.

         {¶ 5} On December 12, 2013, Loyed filed a motion captioned "Motion to Vacate Sentence" with the trial court. In his motion, Loyed argued that the court should vacate his sentence because the court improperly imposed postrelease control. His motion also argued that the trial court erred in convicting him of the disability charge because his prior felony conviction was also void due to the improper imposition of postrelease control. On February 10, 2014, the trial court denied Loyed's motion to vacate his sentence.

         {¶ 6} On appeal, this court found no merit to Loyed's argument that postrelease control was improperly imposed because he was not notified of the consequences of a violation. State v. Loyed, 8th Dist. Cuyahoga No. 101054, 2014-Ohio-5141, ¶ 5. However, this court determined that the trial court erred by imposing the wrong period of postrelease control on Loyed's having weapons while under disability conviction. Id. at ΒΆ 10. Because Loyed had already served his ...


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