Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-02-430383-ZA
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR
Michael C. O'Malley, Cuyahoga County Prosecuting
Attorney, and Callista Plemel, Assistant Prosecuting
Attorney, for appellee.
Loyed, pro se.
JOURNAL ENTRY AND OPINION
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
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.
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
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
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 ¶ 10.
Because Loyed had already served his ...