[Cite as State v. Reynolds, 2012-Ohio-4067.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98146
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
KEITH REYNOLDS
DEFENDANT-APPELLANT
JUDGMENT:
AFFIRMED; REMANDED FOR CORRECTION
OF THE RECORD
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-207306
BEFORE: Kilbane, J., Boyle, P.J., and Cooney, J.
RELEASED AND JOURNALIZED: September 6, 2012
[Cite as State v. Reynolds, 2012-Ohio-4067.]
APPELLANT
Keith Reynolds, pro se
Inmate #514-531
Ross Correctional Institution
P.O. Box 7010
Chillicothe, Ohio 45601
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
Katherine Mullin
Assistant County Prosecutor
The Justice Center - 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
[Cite as State v. Reynolds, 2012-Ohio-4067.]
MARY EILEEN KILBANE, J.:
{¶1} In this pro se appeal, defendant-appellant, Keith Reynolds,
appeals from the order of the trial court that denied his petition to vacate his
sentence. For the reasons set forth below, we affirm. However, because
portions of this record, including the journal entry from which defendant
appeals, erroneously state, “indictment: aggravated murder with violence
specification,” we remand for correction of the record to delete all such
provisions and to reflect that defendant has been convicted of one count of
aggravated murder without any specifications.
{¶2} On February 27, 1986, defendant was charged with delinquency
in connection with the aggravated murder of Willie Moore. Defendant was
subsequently bound over to the general division, and on May 5, 1986, he was
indicted on one count of aggravated murder with a gun specification. On
July 9, 1986, defendant pled guilty to the charge of aggravated murder and
the gun specification was dismissed. Defendant was sentenced to a term of
20 years to life and was ordered to serve his sentence at the Ohio State
Reformatory.
{¶3} By August 12, 1986, defendant was transferred to the Ohio
Penitentiary in Chillicothe. Two months later, he filed a petition to vacate
his conviction, complaining that prior to the plea proceedings, he was
promised that he would serve his sentence at the Ohio State Reformatory.
The trial court denied the petition on November 25, 1986. Defendant also
appealed to this court, raising the same assertion. This court found the
claim unsupported in the record and affirmed. See State v. Reynolds, 8th
Dist. No. 52461, 1987 LEXIS 8175 (Aug. 6, 1987).
{¶4} On July 11, 1991, defendant filed a motion to set aside his
conviction, complaining that his trial counsel failed to conduct any
investigation in this matter and was ineffective. On March 18, 1992, the
trial court denied this motion.
{¶5} On October 3, 2011, defendant filed a motion to withdraw his
guilty plea, alleging that R.C. 2945.06 was applicable to this matter and that
a three-judge panel should have been assigned to the plea proceedings. On
October 21, 2011, the trial court denied the motion. The entry for this order
indicates in the caption, “INDICT: 2903.01 AGGRAVATED MURDER WITH
VIOLENCE SPECIFICATION.”
{¶6} On November 21, 2011, defendant filed a motion to vacate a void
sentence, again asserting that his guilty plea was void because the matter
should have been assigned to a three-judge panel, rather than a single trial
court judge. The state noted that defendant was a minor at the time of the
offense, and was not charged with a capital offense, and therefore, R.C.
2945.06 is inapplicable. The trial court denied this successive motion. The
entry for this order again indicates in the caption, “INDICT: 2903.01
AGGRAVATED MURDER WITH VIOLENCE SPECIFICATION.”
{¶7} Defendant now appeals, assigning one error for our review.
{¶8} For his sole assignment of error, defendant complains that the
journal entry of his sentence erroneously states “INDICTMENT AGG
MUDER W/ SPECIFICATION” but the actual indictment charged him with
one count of aggravated murder with a gun specification, and during the plea
proceedings, he pled guilty to aggravated murder, and the gun specification
was dismissed. Defendant maintains that in light of this language, his
conviction and sentence are void because a three-judge panel was required to
conduct the plea proceedings pursuant to R.C. 2945.06 and Crim.R. 11(C)(3).
{¶9} The three-judge panel requirement of R.C. 2945.06 and Crim.R.
11(C)(3) are jurisdictional matters that cannot be waived. State v. Parker, 95
Ohio St.3d 524, 2002-Ohio-2833, 769 N.E.2d 846, ¶ 12; Pratts v. Hurley, 102
Ohio St.3d 81, 2004-Ohio-1980, 806 N.E.2d 992.
{¶10} In this matter, in the direct appeal from defendant’s plea, this
court stated:
On May 5, 1986, appellant was indicted for one count of
aggravated murder, R.C. 2903.01, with a gun specification, R.C.
2929.71. On May 8, 1986, appellant entered a plea of not guilty.
Thereafter, on July 9, 1986, pursuant to a plea bargain
agreement, appellant withdrew his former plea of “not guilty” and
entered a plea of “guilty” to aggravated murder. The gun
specification was deleted. In his colloquy with the trial judge in
accordance with Criminal Rule 11, appellant acknowledged that
no promises or threats were made to induce appellant to plead
guilty to the charged offense. Accordingly, the trial court
accepted appellant’s plea. Appellant was sentenced to a term of
twenty years to life[.]
{¶11} Therefore, defendant correctly notes that he was never charged
with a violence specification; he was charged with aggravated murder with a
gun specification; and he pled guilty to aggravated murder, and the gun
specification was dismissed. This matter was never charged as a capital
offense. R.C. 2945.06 and Crim.R. 11(C)(3) are therefore not applicable
herein, and there was no need for a three-judge panel.
{¶12} Moreover, under R.C. 2929.03(D)(1), the death penalty may not
be imposed if an offender is under 18 years of age at the time of the offense.
Defendant was clearly a juvenile at the time of this offense.
{¶13} It is clear, however, that portions of the record erroneously
indicate that the indictment contained a violence specification. We therefore
remand the matter to the trial court for correction of the record in order to
accurately reflect the May 5, 1986 charges and the July 9, 1986 guilty plea and
conviction for aggravated murder.
{¶14} Affirmed, but remanded for correction of the record.
It is ordered that appellee and appellant share the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to
Rule 27 of the Rules of Appellate Procedure.
MARY EILEEN KILBANE, JUDGE
MARY J. BOYLE, P.J., CONCURS
COLLEEN CONWAY COONEY, J., CONCURS IN JUDGMENT ONLY