State v. Aarons

• Decision Date: 14 October 2021
• Docket Number: 110313
• Citation: 2021 Ohio 3671
• Parties: STATE OF OHIO, Plaintiff-Appellee, v. RICHARD D. AARONS, Defendant-Appellant.
• Court: Ohio Court of Appeals

2021-Ohio-3671

STATE OF OHIO, Plaintiff-Appellee, v. RICHARD D. AARONS, Defendant-Appellant.

No. 110313

Court of Appeals of Ohio, Eighth District, Cuyahoga

October 14, 2021

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-18-629018-A, CR-19-643581-A

Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Glen Ramdhan, Assistant Prosecuting Attorney for appellee.

Joseph V. Pagano, for appellant.

JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, JUDGE

{¶ 1} Defendant-appellant Richard Aarons appeals his sentences after he pled guilty to one count of drug possession in Cuyahoga C.P. No. CR-18-629018-A ("629018") and pled guilty to one count of involuntary manslaughter, one count of failure to comply with the order or signal of a police officer and one count of driving while under the influence of drugs or alcohol in Cuyahoga C.P. No CR-19-643581-A ("643581").

{¶ 2} For the reasons that follow, we dismiss this appeal.

Procedural History and Factual Background

{¶ 3} On June 18, 2018, a Cuyahoga County Grand Jury indicted Aarons on three counts of drug possession with forfeiture specifications in 629018. The charges related to an incident that occurred on or about December 20, 2017.

{¶ 4} On October 11, 2019, a Cuyahoga County Grand Jury indicted Aarons on ten counts in 643581: one count of involuntary manslaughter (Count 1), two counts of aggravated vehicular homicide (Counts 2 and 3), one count of failure to comply with order or signal of police officer (Count 4), one count of tampering with evidence (Count 5), one count of having weapons while under disability (Count 6), one count of receiving stolen property (Count 7), one count of carrying concealed weapons (Count 8), and two counts of driving while under the influence of drugs or alcohol (Counts 9 and 10). The charges arose out of an automobile accident that resulted in the death of Marvin Thorton on August 30, 2019.

{¶ 5} On December 16, 2020, the parties reached a plea agreement. In 629018, Aarons pled guilty to one count of drug possession in violation of R.C. 2925.11(A), a fifth-degree felony, with forfeiture of a scale (Count 1). In 643581, Aarons pled guilty to one count of involuntary manslaughter in violation of R.C. 2903.04(A), a first-degree felony (Count 1), one count of failure to comply with the order or signal of a police officer in violation of R.C. 2921.331(B), a third-degree felony (Count 4), and one count of driving while under the influence of alcohol or drugs, in violation of R.C. 4511.19(A)(1)(a), an unclassified misdemeanor (Count 9). In exchange for his guilty pleas, the remaining counts were nolled. The trial court ordered a presentence investigation report and scheduled the case for sentencing.

{¶ 6} On January 25, 2021, the trial court held a sentencing hearing. At the sentencing hearing, the trial court sentenced Aarons as follows:

In Case Number 643581, involuntary manslaughter, you're hereby sentenced to a prison term of six years. Under the Reagan Tokes law it will be 6 to 11 years because I'm factoring in two years that are going to run consecutive to the six years on the failure to comply giving you an aggregate sentence of 8 to 11 years.

The eight years is the minimum. As I indicated earlier, that is the amount of time that you are presumed to be released; however, under certain circumstances, the Department of Rehabilitations [sic] and Corrections [sic] may rebut that presumption and impose additional time up to the 11 years.

On the driving while under the influence of alcohol, you will receive credit for time served. I do have to impose the mandatory minimum fine of $150 [sic].

And in Case Number 629018, you're hereby sentenced to a prison term of 12 months. This case will run concurrent to 643581 for a total prison term of 8 to 11 years with credit for 115 days served.

I'm not imposing any other fines. I will waive court costs, but you are responsible for the $850 fine. (Transcript at 87-88.)

The trial court also stated that Aarons would be subject to five years of mandatory postrelease control and explained the consequences of violating postrelease control.

{¶ 7} On January 27, 2021, the trial court issued a sentencing journal entry in 643581 that stated, in relevant part:

Sentence runs concurrent to sentence in CR 629018. * * * The court imposes a prison sentence at the Lorain Correctional Institution of 8 year(s). The sentence imposed upon defendant is an indefinite sentence under SB 201 - Reagan Tokes Law. The aggregate minimum term imposed by the court is 6 years. The maximum term is 11 years. The court imposes prison terms consecutively * * *. Post release control is part of this prison sentence for 5 years mandatory for the above felony(s) under RC. 2967.28. * * * Costs waived[.] The defendant is ordered to pay a fine in the sum of $ 850.00.

{¶ 8} On February 24, 2021, Aarons filed a notice of appeal. On April 6, 2021, the trial court issued a "corrected" sentencing journal entry "to reflect sentence per count." This sentencing journal entry stated, in relevant part:

*Entry is c[o]rrected to reflect sentence per count. * * * Sentence runs concurrent to sentence in CR 629018. * * * The court imposes a prison sentence at the Lorain Correctional Institution of 8 year(s). Count 1: The sentence imposed upon defendant is an indefinite sentence under SB 201 - Reagan Tokes Law. The aggregate minimum term imposed by the court is 6 years. The maximum term is 11 years. Count 4: 2 years. Counts 1 and 4 run consecutive to each other. * * * Post release control is part of this prison sentence for 5 years mandatory for the above felony(s) under RC. 2967.28. * * * Costs waived[.] The defendant is ordered to pay a fine in the sum of $850.00.

{¶ 9} On April 7, 2021, the trial court issued a second "corrected" sentencing journal entry "to reflect [a] maximum term of 9 years." That sentencing journal entry stated, in relevant part:

*Entry is corrected to reflect maximum term of 9 years. *Entry is corrected to reflect sentence per count. * * * Sentence runs concurrent to sentence in CR 629018. * * * The court imposes a prison sentence at the Lorain Correctional Institution of 8 year(s). Count 1: The sentence imposed upon defendant is an indefinite sentence under SB 201 - Reagan Tokes Law. The aggregate minimum term imposed by the court is 6 years. The maximum term is 9 years. Count 4: 2 years. Counts 1 and 4 run consecutive to each other. * * * Post release control is part of this prison sentence for 5 years mandatory for the above felony(s) under R.C. 2967.28. * * * Costs waived[.] The defendant is ordered to pay a fine in the sum of $850.00.

{¶ 10} On June 11, 2021, the trial court issued a third "corrected" sentencing journal entry "to reflect changes in sentence as to individual counts." That sentencing journal entry stated, in relevant part:

*Entry is corrected to reflect changes in sentence as to individual counts. * * * Sentence runs concurrent to sentence in CR 629018. * * * The court imposes a prison sentence at the Lorain Correctional Institution of 8 year(s). Count 1: 6 years. The sentence imposed upon defendant is an indefinite sentence under SB 201 - Reagan Tokes Law. The aggregate minimum term imposed by the court is 6 years. The maximum term is 9 years. Count 4: 2 years. Count 9: Time served. Counts 1 and 4 run consecutive to each other and concurrent to sentence in Case #CR-629018. * * * Post release control is part of this prison sentence for 5 years mandatory for the above felony(s) under RC. 2967.28. * * * Costs waived[.] The defendant is ordered to pay a fine in the sum of $850.00.

{¶ 11} Aarons raises the following four assignments of error for review:

Assignment of Error I: The trial court did not have jurisdiction to resentence appellant.

Assignment of Error II: Appellant's sentence is invalid because it was imposed pursuant to the Reagan Tokes Act Amendments, S.B. 201, which violates the United States and Ohio Constitutions.

Assignment of Error III: Appellant received ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution and Section 10, Article I of the Ohio Constitution because she failed to challenge the constitutionality of the Reagan Tokes Law.

Assignment of Error IV: Appellant's sentence is contrary to law and outside the proper sentencing range.

{¶ 12} On June 28, 2021, this court ordered, sua sponte, that the record be supplemented to include the "corrected" sentencing journal entries issued by the trial court after Aarons filed his notice of appeal.

Law and Analysis

{¶ 13} In his first assignment of error, Aarons argues that the trial court's January 27, 2021 sentencing journal entry was not a final, appealable order because it did not include "a separate sentence * * * for each count of conviction" and that the trial court lacked jurisdiction to issue its subsequent "corrected" sentencing journal entries on April 6, 2021, April 7, 2021 and June 11 2021 after his notice of appeal had been filed. Aarons requests that we remand the case for a resentencing hearing. The state agrees that the matter should be remanded for a resentencing hearing. Following careful consideration of the record and applicable law, we find that we do not have jurisdiction and, therefore, dismiss this appeal.

{¶ 14} This court's jurisdiction is limited to reviewing judgments and orders that are final. See Article IV Section 3(B)(2), Ohio Constitution; R.C. 2505.02 and 2505.03. If a judgment or order is not final and appealable, then an appellate court has no jurisdiction to review the matter and the appeal must be dismissed. See, e.g., State v. Tye, 8th Dist. Cuyahoga No. 109879, 2021-Ohio-2765, ¶ 7. A judgment of conviction is a final...