Opinion

State v. Jennings

  • 2020 Ohio 5154
Court
Ohio Court of Appeals
Filed
Nov 3, 2020
Status
Published
On the bench
Luper Schuster
Cited by
5 cases
Authority
More cited than 56.4%

The opinion

[Cite as State v. Jennings, 2020-Ohio-5154.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

State of Ohio, :

Plaintiff-Appellee, : No. 18AP-139

(C.P.C. No. 16CR-1508)

v. :

(REGULAR CALENDAR)

Obet Jennings, Jr., :

Defendant-Appellant. :

D E C I S I O N

Rendered on November 3, 2020

On brief: Ron O'Brien, Prosecuting Attorney, and

Kimberly M. Bond, for appellee.

On brief: Timothy Young, Ohio Public Defender, and

Carly M. Edelstein, for appellant.

APPEAL from the Franklin County Court of Common Pleas

LUPER SCHUSTER, J.

{¶ 1} Defendant-appellant, Obet Jennings, Jr., appeals from a judgment of the

Franklin County Court of Common Pleas denying his motion to vacate post-release control

and terminate supervision. For the following reasons, we affirm.

I. Factual and Procedural Background

{¶ 2} On May 9, 2016, Jennings pleaded guilty to one count of vandalism, a

violation of R.C. 2909.05 and a fifth-degree felony. The trial court sentenced Jennings to a

jointly recommended six months in prison "to possibly run concurrent with PRC sanction

in Miami County, Ohio, case No. 2013CR-00011." (May 11, 2016 Entry at 1.) The trial court

also notified Jennings "of the applicable period of 3 years optional post-release control

No. 18AP-139 2

pursuant to R.C. 2929.19(B)(3)(c), (d) and (e)." (Entry at 1.) Jennings did not directly

appeal.

{¶ 3} In December 2017, Jennings filed a motion to vacate post-release control and

terminate supervision. He asserted he had been released from prison and was being

supervised under a post-release control sanction that was not properly imposed. The trial

court denied Jennings' motion to vacate.

{¶ 4} Jennings timely appeals from the denial of his motion collaterally challenging

the judgment of conviction.

II. Assignment of Error

{¶ 5} Jennings assigns the following error for our review:

The trial court erred as a matter of law when it denied

Mr. Jennings' motion to vacate his improperly imposed

postrelease control.

III. Discussion

{¶ 6} Jennings' sole assignment of error alleges the trial court erred in denying his

motion to vacate the imposed post-release control sanction. This assignment of error lacks

merit.

{¶ 7} Jennings' post-conviction motion was barred by res judicata. "[A]ny issue

that could have been raised on direct appeal and was not is res judicata and not subject to

review in subsequent proceedings." State v. Saxon, 109 Ohio St.3d 176, 2006-Ohio-1245,

¶ 16, citing State v. Hutton, 100 Ohio St.3d 176, 2003-Ohio-5607, ¶ 37. The res judicata

doctrine does not, however, preclude a collateral challenge to a void judgment. State v.

Harper, __ Ohio St.3d __, 2020-Ohio-2913, ¶ 18. But the entry that Jennings collaterally

challenged was not void.

{¶ 8} In Harper, the Supreme Court of Ohio "reevaluate[d] the basic premise of

[its] void-sentence jurisprudence" and clarified this unsettled area of law with the following

guiding principle: "A sentence is void when a sentencing court lacks jurisdiction over the

subject-matter of the case or personal jurisdiction over the accused." Harper at ¶ 34, 42.

See also State v. Henderson, __ Ohio St.3d __, 2020-Ohio-4784, ¶ 27 ("A sentence is void

only if the sentencing court lacks jurisdiction over the subject matter of the case or personal

jurisdiction over the accused."). Thus, when the sentencing court has jurisdiction to act,

No. 18AP-139 3

sentencing errors "render the sentence voidable, not void, and the sentence may be set aside

if successfully challenged on direct appeal." Harper at ¶ 42. Because the trial court had

subject-matter jurisdiction in the case and personal jurisdiction over Jennings, any

sentencing error committed by the trial court relating to the imposition of a post-release

control sanction would have made the judgment voidable, not void. Id. at ¶ 43. And this

alleged error could have been raised in a direct appeal. Id. Consequently, Jennings' motion

to vacate was barred by res judicata.

{¶ 9} Because the trial court did not err in denying Jennings' motion to vacate, we

overrule his sole assignment of error.

IV. Disposition

{¶ 10} Having overruled Jennings' sole assignment of error, we affirm the judgment

of the Franklin County Court of Common Pleas.

Judgment affirmed.

BROWN and BEATTY BLUNT, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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