State v. Church ( 2012 )

[Cite as State v. Church, 2012-Ohio-3481.]
COURT OF APPEALS
MORGAN COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. Sheila G. Farmer, J.
-vs-
Case No. 12-CA-2
JACKIE CHURCH
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Morgan County Court of
Common Pleas, Case No. 02-CR-0065
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: July 30, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
MARK J. HOWDYSHELL JACKIE CHURCH, PRO SE
Prosecuting Attorney #456-724
19 East Main Street Hocking Correctional Facility
McConnelsville, Ohio 43756 P.O. Box 59
Nelsonville, Ohio 45764
Morgan County, Case No. 12-CA-2 2
Hoffman, J.
{¶1} Defendant-appellant Jackie Church appeals the January 4, 2012 Journal
Entry entered by the Morgan County Court of Common Pleas, which denied his motion
to correct, modify, or vacate guilty plea. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE CASE AND FACTS
{¶2} On October 4, 2002, the Morgan County Grand Jury indicted Appellant on
one count of attempted aggravated murder, in violation of R.C. 2903.01; and one count
of felonious assault, in violation of R.C. 2903.11, both with firearm specifications; and
one count of menacing by stalking, in violation of R.C. 2903.211.
{¶3} On July 8, 2003, Appellant pleaded guilty to attempted murder and
felonious assault and attendant firearm specifications. By sentencing entry filed
September 23, 2003, the trial court sentenced Appellant to an aggregate term of 19
years in prison. Upon remand by this Court for transcript irregularities, the trial court re-
sentenced Appellant on November 4, 2004, to the same 19-year term.
{¶4} This Court affirmed in part and reversed in part the trial court's November
4, 2004 re-sentencing entry, and remanded the matter for further specification as to the
amount of restitution. State v. Church, 5th Dist. App. Nos. CA04–010, CA03–007, 2005-
Ohio-2984.
{¶5} On April 7, 2006, pursuant to the remand of this Court, the trial court
issued a judgment which set forth the specific amount of restitution owed by Appellant.
{¶6} On November 2, 2007, Appellant filed a pro se motion titled, “Motion for
Re-sentencing on Void Judgment and/or Appearance of Lack of Final Appealable
Order.” Appellee filed a timely response in opposition. The trial court summarily denied
Morgan County, Case No. 12-CA-2 3
Appellant's motion for re-sentencing without an oral hearing on December 12, 2007.
This Court affirmed the trial court’s decision. State v. Church, 5th Dist. App. No. 2008-
CA-7, 2009-Ohio-2207.
{¶7} On November 25, 2008, Appellant moved the trial court to permit him to
withdraw his guilty plea pursuant to Crim. R. 32.1. The trial court overruled the motion
without oral hearing on December 1, 2008. This Court affirmed the decision of the trial
court. State v. Church, 5th Dist. App. No. 2008-CA-0001, 2008-Ohio-1917.
{¶8} On July 30, 2010, Appellant filed a Motion to Correct, Modify, or Vacate
Sentence. Therein, Appellant argued his conviction for felonious assault should be
vacated because at the time of the offenses he was taking the prescription medication,
Paxil. Via Journal Entry filed January 4, 2012, the trial court denied Appellant’s motion.
{¶9} It is from this journal entry Appellant appeals, raising as his sole
assignment of error:
{¶10} “I. THE TRIAL COURT ERRED WHEN IT DENIED THE APPELLANT’S
MOTION TO CORRECT, MODIFY OR VACATE SENTENCE BASED ON THE
EFFECTS OF HIS MEDICATION UPON THE MENS REA ELEMENT OF KNOWING
WHAT HE WAS DOING AT THE TIME HE WAS DOING IT IN THE COMMISSION OF
CRIMINAL ACTS.”
I
{¶11} We need not discuss the merits of Appellant’s argument. First, we find the
trial court was without jurisdiction to consider Appellant’s motion. At best, Appellant’s
motion was, in essence, a motion to withdraw a guilty plea. The mechanism for seeking
relief is set forth under Crim.R. 32.1. However, “Crim.R. 32.1 does not vest
Morgan County, Case No. 12-CA-2 4
jurisdiction in the trial court to maintain and determine a motion to withdraw the guilty
plea subsequent to an appeal and an affirmance by the appellate court.” State ex rel.
Special Prosecutors v. Judges, 55 Ohio St.2d 94, 97–98, 378 N.E.2d 162 (1978). In
other words, a trial court has no authority to reverse that which a superior court has
affirmed. State v. Vild, 8th Dist. Nos. 87742 and 87965, 2007–Ohio–987.
{¶12} Because this Court previously affirmed Appellant's convictions and the trial
court’s previous denial of his motion to withdraw his plea in 2008, the trial court lacked
jurisdiction to vacate the guilty plea. See, e.g., State v. McGee, 8th Dist. No. 82092,
2003–Ohio–1966, ¶ 19–22; State v. Craddock, 8th Dist. No. 87582, 2006–Ohio–5915, ¶
10.
{¶13} Further, we find Appellant's failure to assert this claim until almost eight
years after he was sentenced militated against granting of motion.
{¶14} Appellant’s sole assignment of error is overruled.
{¶15} The judgment of Morgan County Court of Common Pleas is affirmed.
By: Hoffman, J.
Delaney, P.J. and
Farmer, J. concur
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ Sheila G. Farmer __________________
HON. SHEILA G. FARMER
Morgan County, Case No. 12-CA-2 5
IN THE COURT OF APPEALS FOR MORGAN COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
JACKIE CHURCH :
:
Defendant-Appellant : Case No. 12-CA-2
For the reasons stated in our accompanying Opinion, the judgment of the
Morgan County Court of Common Pleas is affirmed. Costs to Appellant.
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ Sheila G. Farmer __________________
HON. SHEILA G. FARMER