State v. West, 031919 OHCA10, 18AP-519

Docket Nº:18AP-519
Opinion Judge:KLATT, P.J.
Party Name:State of Ohio, Plaintiff-Appellee, v. Chad E. West, Defendant-Appellant.
Attorney:Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee. Chad E. West, pro se.
Judge Panel:LUPER SCHUSTER and BRUNNER, JJ., concur.
Case Date:March 19, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-950

State of Ohio, Plaintiff-Appellee,

v.

Chad E. West, Defendant-Appellant.

No. 18AP-519

Court of Appeals of Ohio, Tenth District

March 19, 2019

APPEAL from the Franklin County Court of Common Pleas No. 99CR-4368

On brief:

Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

On brief:

Chad E. West, pro se.

DECISION

KLATT, P.J.

{¶ 1} Defendant-appellant, Chad E. West, appeals a judgment of the Franklin County Court of Common Pleas that denied his motion to vacate post-release control. For the following reasons, we remand this case to the trial court so it may issue a nunc pro tunc entry correcting the deficiency in West's sentencing entry.

{¶ 2} In 2001, a jury found West guilty of rape, kidnapping, and burglary. On February 4, 2002, the trial court entered a judgment that sentenced West to an aggregate prison term of 13 years. West appealed his conviction and argued that the trial court erred in failing to make the specific findings necessary for the imposition of consecutive prison terms. We agreed, and, consequently, we vacated the February 4, 2002 judgment and remanded the case to the trial court for resentencing. State v. West, 10th Dist. No. 02AP- 244, 2002-Ohio-6445, ¶ 25, 30.

{¶ 3} On January 30, 2003, the trial court issued a judgment that, again, sentenced West to an aggregate 13-year prison term. As relevant to this appeal, the January 30, 2003 judgment stated, "After the imposition of sentence, the Court notified the Defendant, orally and in writing, of the applicable periods of post-release control pursuant to R.C. 2929.19(B)(3)(c)(d) and (e)." West did not appeal the January 30, 2003 judgment.

{¶ 4} On May 29, 2018, West filed a motion requesting that the trial court vacate the post-release-control portion of his sentence. The trial court denied that motion in a judgment dated May 31, 2018.

{¶ 5} West now appeals the May 31, 2018 judgment, and he assigns the following errors: [1.] The trial court committed reversible error when it denied Chad West['s] motion to vacate post[-]release control because the trial court failed to incorporate the terms of post[-]release control into [its] journal entry as required[, ] which renders the PRC portion of...

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