State v. Morris , 2013 Ohio 5302 ( 2013 )


Menu:
  • [Cite as State v. Morris, 2013-Ohio-5302.]
    IN THE COURT OF APPEALS OF OHIO
    TENTH APPELLATE DISTRICT
    State of Ohio,                                      :
    Plaintiff-Appellee,                :          No. 13AP-251
    (C.P.C. No. 04CR-07-4866)
    v.                                                  :
    (REGULAR CALENDAR)
    Kristoffer T. Morris,                               :
    Defendant-Appellant.               :
    D E C I S I O N
    Rendered on December 3, 2013
    Ron O'Brien, Prosecuting Attorney, and Barbara A.
    Farnbacher, for appellee.
    Kristoffer T. Morris, pro se.
    APPEAL from the Franklin County Court of Common Pleas.
    BROWN, J.
    {¶ 1} This is an appeal by defendant-appellant, Kristoffer T. Morris, from a
    judgment of the Franklin County Court of Common Pleas, denying appellant's motion for
    re-sentencing and a final order.
    {¶ 2} On July 22, 2004, appellant was indicted on two counts of aggravated
    burglary, one count of impersonating a police officer or private policeman, two counts of
    robbery, four counts of kidnapping, three counts of having weapon while under disability,
    one count of aggravated burglary, four counts of aggravated murder, three counts of
    attempted murder, and two counts of felonious assault. Ten of the counts contained
    firearm specifications.
    No. 13AP-251                                                                              2
    {¶ 3} The matter came for trial before a jury beginning August 8, 2005.
    Following deliberations, the jury returned verdicts finding appellant guilty of one count of
    aggravated burglary, one count of murder (as a lesser-included offense of aggravated
    murder), one count of aggravated murder, two counts of involuntary manslaughter (as a
    lesser-included offense of aggravated murder), one count of attempted murder, and two
    counts of felonious assault. As to the aggravated murder conviction, the jury found that
    the murder was part of a course of conduct by appellant involving the purposeful killing or
    attempt to kill two or more persons. The trial court separately found appellant guilty of
    two counts of having a weapon while under disability.
    {¶ 4} Following a mitigation hearing, the jury found that the aggravating
    circumstances did not outweigh the mitigating factors beyond a reasonable doubt, and the
    jury recommended a sentence of 30 years to life. On August 25, 2005, the trial court filed
    a judgment of sentence and conviction.       The trial court filed an amended entry on
    September 14, 2005.
    {¶ 5} Appellant appealed his conviction, raising three assignments of error. In
    State v. Morris, 10th Dist. No. 05AP-1032, 2007-Ohio-2382, this court overruled
    appellant's assignments of error and affirmed the judgment of conviction and sentence.
    Appellant subsequently filed a pro se application to reopen his appeal, pursuant to App.R.
    26(B), which this court denied. State v. Morris, 10th Dist. No. 05AP-1032, 2010-Ohio-
    786.
    {¶ 6} On December 9, 2012, appellant filed a "motion for resentencing and a final
    appealable order pursuant to Crim.R. 32(C), R.C. 2505.02, and R.C. 2929.03(F)." On
    December 27, 2012, the state filed a memorandum contra the motion. By decision and
    entry filed March 8, 2012, the trial court denied appellant's motion.
    {¶ 7} On appeal, appellant sets forth the following assignment of error for this
    court's review:
    The trial court erred, and due process was denied, when the
    court denied Appellant's motion for resentencing and a final
    appealable order.
    {¶ 8} Under his single assignment of error, appellant contends the trial court
    erred in denying his motion for resentencing and a final appealable order. Appellant
    No. 13AP-251                                                                              3
    argues that his judgment of conviction is not final because the trial court failed to file a
    separate opinion with specific findings pursuant to R.C. 2929.03(F). Appellant maintains
    that the trial court's judgment entry and amended entry cannot be construed to comply
    with R.C. 2929.03(F) as neither entry contains specific findings that relate to mitigating
    factors and aggravating circumstances.
    {¶ 9} R.C. 2929.03(F) states as follows:
    The court or the panel of three judges, when it imposes
    sentence of death, shall state in a separate opinion its specific
    findings as to the existence of any of the mitigating factors set
    forth in division (B) of section 2929.04 of the Revised Code,
    the existence of any other mitigating factors, the aggravating
    circumstances the offender was found guilty of committing,
    and the reasons why the aggravating circumstances the
    offender was found guilty of committing were sufficient to
    outweigh the mitigating factors. The court or panel, when it
    imposes life imprisonment or an indefinite term consisting of
    a minimum term of thirty years and a maximum term of life
    imprisonment under division (D) of this section, shall state in
    a separate opinion its specific findings of which of the
    mitigating factors set forth in division (B) of section 2929.04
    of the Revised Code it found to exist, what other mitigating
    factors it found to exist, what aggravating circumstances the
    offender was found guilty of committing, and why it could not
    find that these aggravating circumstances were sufficient to
    outweigh the mitigating factors.
    {¶ 10} As noted by the state, this court has previously rejected the argument that a
    trial court must file a written opinion when a jury recommends a life sentence.
    Specifically, in State v. Holmes, 
    30 Ohio App. 3d 26
    , 28 (10th Dist.1986), this court noted
    that, pursuant to R.C. 2929.03(D)(2), "should the jury recommend a sentence of life
    imprisonment, 'the court shall impose the sentence recommended by the jury upon the
    offender.' * * * In such a situation, therefore, the court does not act independently in
    imposing the life sentence, but is bound to carry out the wishes of the jurors."
    Accordingly, this court concluded: "R.C. 2929.03 does not require that the trial court issue
    a separate written opinion with specific findings in a situation in which the jury has
    recommended that the defendant be sentenced to life imprisonment." 
    Id. We note
    that
    other Ohio appellate courts have followed the rationale and holding of Holmes. See State
    No. 13AP-251                                                                                 4
    v. Davis, 12th Dist. No. CA95-07-124 (Sept. 30, 1996); State v. Bradley, 4th Dist. No.
    1583 (Sept. 22, 1987).
    {¶ 11} Appellant's reliance upon State v. Ketterer, 
    126 Ohio St. 3d 448
    , 2010-Ohio-
    3831 is misplaced. In Ketterer, the defendant entered a guilty plea to aggravated murder
    and was sentenced to death by a three-judge panel. By contrast, the jury in the instant
    case did not recommend a death sentence on the aggravated murder count, and the trial
    court imposed a sentence of life with parole eligibility after 30 years. Therefore, Ketterer
    is inapplicable, and the trial court's 2005 judgment of conviction and sentence constituted
    a final order "despite the fact that a separate opinion has not been filed." Holmes at 28.
    {¶ 12} Based upon the foregoing, the trial court did not err in denying appellant's
    motion for re-sentencing. Appellant's single assignment of error is overruled, and the
    judgment of the Franklin County Court of Common Pleas is hereby affirmed.
    Judgment affirmed.
    KLATT, P.J., and CONNOR, J., concur.
    _________________
    

Document Info

Docket Number: 13AP-251

Citation Numbers: 2013 Ohio 5302

Judges: Brown

Filed Date: 12/3/2013

Precedential Status: Precedential

Modified Date: 3/3/2016