[Cite as State ex rel. Ogletree v. Bradshaw, 2013-Ohio-1137.]
IN THE COURT OF APPEALS FIFTH APPELLATE DISTRICT RICHLAND COUNTY, OHIO
State of Ohio ex rel. : JUDGES: WILLIE OGLETREE, JR. : : Petitioner : Hon., Patricia A. Delaney P.J. : Hon., Sheila G. Farmer J. -vs- : Hon., John W. Wise J. : MARGARET BRADSHAW, Warden, : CASE NO. 12CA51 Richland Correctional Institution : : : Respondent : : OPINION
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: WRIT DISMISSED
DATE OF JUDGMENT ENTRY: March 18, 2013
APPEARANCES:
For Petitioner: For Respondent:
Willie Ogletree, Jr. (Pro Se) Maura O’Neill Jaite Inmate No. 406823 Sr. Assistant Attorney General Richland Correctional Institution Ohio Attorney’s General Office 1001 Olivesburg Road Criminal Justice Section Mansfield, OH 44901 150 East Gay Street, 16th Floor Columbus, OH 43215 Richland County, Case No. 12CA51 1
Delaney, P.J.
{¶1} Inmate-petitioner, Willie Ogletree, Jr. [“Ogletree”], has filed a Petition for
Writ of Habeas Corpus. Respondent is the warden of the Richland Correctional
institution (RiCI) in Mansfield, Richland County, Ohio
FACTS AND PROCEDURAL HISTORY
{¶2} Ogletree1 is state prisoner number #406-823 at RiCI. Respondent
Bradshaw is the warden at that institution. As the RiCI Warden, Respondent Bradshaw
maintains custody of Ogletree pursuant to judgments of conviction and sentences. See,
State v. Ogletree, 8th District No. 79882, 2002-Ohio-4070. [“Ogletree I”].
{¶3} In Cuyahoga County Common Pleas Court Case No. CR-01-401639,
Ogletree was found guilty after a jury trial of two first-degree felony Aggravated Robbery
charges with 1-year firearm, 3-year firearm, and repeat violent offender specifications;
two first-degree felony Kidnapping charges with 1-year firearm, 3-year firearm and
repeat violent offender specifications and one third-degree felony Having Weapons
Under Disability charge with a 1-year firearm specification.2 Ogletree I, ¶ 1.
{¶4} By journal entry filed May 29, 2001, the trial court sentenced appellant to a
total aggregate term of thirty-five years in prison.
1 There is a discrepancy as to the correct spelling of appellant's last name. In previous filings, the spelling is “Ogaltree.” On the trial court's judgment entry and the jacket of the case file, it is spelled “Ogletree.” Because the initial pleading in this case, the petition for habeas corpus relief, lists petitioner's name as “Ogletree,” we will adopt this spelling of the name. 2 We note that the trial court’s Journal Entry of sentencing filed May 29, 2001, as well as the respondent’s’ brief in this matter, incorrectly state that Ogletree “Plead Guilty” to the charges. Richland County, Case No. 12CA51 2
{¶5} Specifically, the trial courts sentencing entry stated, in relevant part, as
follows,
***
1 YEAR FIREARM SPECS MERGE WITH 3 YEAR FIREARM
SPECS FOR SENTENCING. THE COURT IMPOSES A PRISON TERM
AT LORAIN CORRECTIONAL INSTITUTION OF 5 YEARS ON FIREARM
SPECS TO RUN PRIOR TO AND CONSECUTIVE WITH 8 YEARS ON
BASE CHARGE ON EACH OF COUNTS 1, 2, 5 AND 6; 3 YEARS ON
COUNT 7, COUNTS TO RUN CONCURRENT WITH EACH OTHER FOR
A TOTAL CONFINEMENT OF 35 YEARS
DEFENDANT TO RECEIVE 172 DAYS JAIL TIME CREDIT, TO
DATE.
State v. Ogletree, Cuyahoga Common Pleas, Case No. CR 401639, Journal Entry, filed
May 29, 2001[State’s Exhibit A]. His convictions were affirmed on appeal. Ogletree I.
{¶6} Subsequently, Ogletree filed several post-conviction relief motions in the
trial court. On October 27, 2005, Ogletree filed a motion to merge allied offenses of
similar import which the trial court denied finding that there was sufficient evidence of a
separate animus as to each of the two victims for the crimes of Aggravated Robbery Richland County, Case No. 12CA51 3
and Kidnapping. Ogletree also filed a motion for resentencing and alternative relief and
a motion to void judgment on October 27, 2010, both which the trial court denied under
res judicata by Journal Entry filed November 29, 2010.
{¶7} On January 10, 2011, Ogletree filed a petition for relief after judgment
pursuant to R.C. 5145.01. On January 14, 2011, Ogletree filed a motion to void
judgment. By separate journal entries filed October 3, 2011, the trial court denied
Ogletree’s petition and motion.
{¶8} On November 29, 2011, Ogletree filed a motion in the trial court to correct
sentencing. The trial court granted the motion in part and on April 23, 2012,
resentenced Ogletree solely to properly impose post-release control in accordance with
State v. Fisher, 128 Ohio St.3d 92, 2010-Ohio-6238, 942 N.E.2d 332. The trial court
denied Ogletree's pre-hearing oral motions and specifically ordered that the "sentence
previously imposed by Judge Boyko is undisturbed." (Exhibit G) On May 16, 2012,
Ogletree filed an appeal notice in State v. Ogletree, 8th District No. CA-12-098369. The
Court of Appeals sua sponte dismissed Ogletree's appeal on July 12, 2012 because
Ogletree failed to file the trial court record. (Exhibit H).
{¶9} Ogletree previously filed a R.C. Chapter 2725 habeas action. See, Willie
Ogletree, Jr. v. Margaret Bradshaw, Warden, 5th District No. 04CA68, 2004-Ohio-7100
[“Ogletree II”]. Ogletree did not raise any relief claims pertaining to the imposed
sentence, the calculated aggregate sentence or any other sentencing entry errors. The
common pleas court subsequently denied Ogletree's habeas petition and this Court
affirmed the denial. Ogletree II. Richland County, Case No. 12CA51 4
{¶10} Ogletree also filed a federal petition for a writ of corpus in U.S. District
Court for the Northern District of Ohio Case. See, Willie Ogletree Jr. v. Margaret
Bradshaw, Warden, N.D.Ohio No.1:03CV2291 (Jan. 28, 2005) [Exhibit F]. Ogletree did
not raise any federal constitutional claims related to his sentence, sentence calculation
or sentencing entry in that petition. The federal court subsequently dismissed Ogletree's
habeas petition because the state court proceedings did not result in a decision that
was contrary to, or involved an unreasonable application of, clearly established federal
law; the state court decisions were not based on an unreasonable determination of facts
and no constitutional violation had been presented. (Exhibit F).
{¶11} On July 6, 2012, Ogletree filed the instant petition for a writ of habeas
corpus.
The Petition
{¶12} In his petition, Ogletree argues that his aggregate sentence was only 11
years and that his sentence expired May 29, 2012. Specifically, Ogletree contends that
pursuant to the trial court’s journal entry, the one-year firearm specifications were
ordered to merge with the three-year firearm specifications and all three-year firearm
specifications were ordered to run concurrent to each other, but consecutive to the base
charge. All counts were ordered to run concurrent to each other. The maximum
sentence for all counts running concurrent to each other but consecutive to the three (3)
year firearm specifications is eleven (11) years. (Emphasis sic.) Richland County, Case No. 12CA51 5
State’s Argument
{¶13} The state contends that Ogletree's claim ignores the fact that he was
sentenced for 9 separate specifications and that it was mandatory for the trial court to
impose separate, 3-year, prior and consecutive sentences for each specification
pursuant to R.C. 2929.14(B)(1)(a)(ii).
Free access — add to your briefcase to read the full text and ask questions with AI
[Cite as State ex rel. Ogletree v. Bradshaw, 2013-Ohio-1137.]
IN THE COURT OF APPEALS FIFTH APPELLATE DISTRICT RICHLAND COUNTY, OHIO
State of Ohio ex rel. : JUDGES: WILLIE OGLETREE, JR. : : Petitioner : Hon., Patricia A. Delaney P.J. : Hon., Sheila G. Farmer J. -vs- : Hon., John W. Wise J. : MARGARET BRADSHAW, Warden, : CASE NO. 12CA51 Richland Correctional Institution : : : Respondent : : OPINION
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: WRIT DISMISSED
DATE OF JUDGMENT ENTRY: March 18, 2013
APPEARANCES:
For Petitioner: For Respondent:
Willie Ogletree, Jr. (Pro Se) Maura O’Neill Jaite Inmate No. 406823 Sr. Assistant Attorney General Richland Correctional Institution Ohio Attorney’s General Office 1001 Olivesburg Road Criminal Justice Section Mansfield, OH 44901 150 East Gay Street, 16th Floor Columbus, OH 43215 Richland County, Case No. 12CA51 1
Delaney, P.J.
{¶1} Inmate-petitioner, Willie Ogletree, Jr. [“Ogletree”], has filed a Petition for
Writ of Habeas Corpus. Respondent is the warden of the Richland Correctional
institution (RiCI) in Mansfield, Richland County, Ohio
FACTS AND PROCEDURAL HISTORY
{¶2} Ogletree1 is state prisoner number #406-823 at RiCI. Respondent
Bradshaw is the warden at that institution. As the RiCI Warden, Respondent Bradshaw
maintains custody of Ogletree pursuant to judgments of conviction and sentences. See,
State v. Ogletree, 8th District No. 79882, 2002-Ohio-4070. [“Ogletree I”].
{¶3} In Cuyahoga County Common Pleas Court Case No. CR-01-401639,
Ogletree was found guilty after a jury trial of two first-degree felony Aggravated Robbery
charges with 1-year firearm, 3-year firearm, and repeat violent offender specifications;
two first-degree felony Kidnapping charges with 1-year firearm, 3-year firearm and
repeat violent offender specifications and one third-degree felony Having Weapons
Under Disability charge with a 1-year firearm specification.2 Ogletree I, ¶ 1.
{¶4} By journal entry filed May 29, 2001, the trial court sentenced appellant to a
total aggregate term of thirty-five years in prison.
1 There is a discrepancy as to the correct spelling of appellant's last name. In previous filings, the spelling is “Ogaltree.” On the trial court's judgment entry and the jacket of the case file, it is spelled “Ogletree.” Because the initial pleading in this case, the petition for habeas corpus relief, lists petitioner's name as “Ogletree,” we will adopt this spelling of the name. 2 We note that the trial court’s Journal Entry of sentencing filed May 29, 2001, as well as the respondent’s’ brief in this matter, incorrectly state that Ogletree “Plead Guilty” to the charges. Richland County, Case No. 12CA51 2
{¶5} Specifically, the trial courts sentencing entry stated, in relevant part, as
follows,
***
1 YEAR FIREARM SPECS MERGE WITH 3 YEAR FIREARM
SPECS FOR SENTENCING. THE COURT IMPOSES A PRISON TERM
AT LORAIN CORRECTIONAL INSTITUTION OF 5 YEARS ON FIREARM
SPECS TO RUN PRIOR TO AND CONSECUTIVE WITH 8 YEARS ON
BASE CHARGE ON EACH OF COUNTS 1, 2, 5 AND 6; 3 YEARS ON
COUNT 7, COUNTS TO RUN CONCURRENT WITH EACH OTHER FOR
A TOTAL CONFINEMENT OF 35 YEARS
DEFENDANT TO RECEIVE 172 DAYS JAIL TIME CREDIT, TO
DATE.
State v. Ogletree, Cuyahoga Common Pleas, Case No. CR 401639, Journal Entry, filed
May 29, 2001[State’s Exhibit A]. His convictions were affirmed on appeal. Ogletree I.
{¶6} Subsequently, Ogletree filed several post-conviction relief motions in the
trial court. On October 27, 2005, Ogletree filed a motion to merge allied offenses of
similar import which the trial court denied finding that there was sufficient evidence of a
separate animus as to each of the two victims for the crimes of Aggravated Robbery Richland County, Case No. 12CA51 3
and Kidnapping. Ogletree also filed a motion for resentencing and alternative relief and
a motion to void judgment on October 27, 2010, both which the trial court denied under
res judicata by Journal Entry filed November 29, 2010.
{¶7} On January 10, 2011, Ogletree filed a petition for relief after judgment
pursuant to R.C. 5145.01. On January 14, 2011, Ogletree filed a motion to void
judgment. By separate journal entries filed October 3, 2011, the trial court denied
Ogletree’s petition and motion.
{¶8} On November 29, 2011, Ogletree filed a motion in the trial court to correct
sentencing. The trial court granted the motion in part and on April 23, 2012,
resentenced Ogletree solely to properly impose post-release control in accordance with
State v. Fisher, 128 Ohio St.3d 92, 2010-Ohio-6238, 942 N.E.2d 332. The trial court
denied Ogletree's pre-hearing oral motions and specifically ordered that the "sentence
previously imposed by Judge Boyko is undisturbed." (Exhibit G) On May 16, 2012,
Ogletree filed an appeal notice in State v. Ogletree, 8th District No. CA-12-098369. The
Court of Appeals sua sponte dismissed Ogletree's appeal on July 12, 2012 because
Ogletree failed to file the trial court record. (Exhibit H).
{¶9} Ogletree previously filed a R.C. Chapter 2725 habeas action. See, Willie
Ogletree, Jr. v. Margaret Bradshaw, Warden, 5th District No. 04CA68, 2004-Ohio-7100
[“Ogletree II”]. Ogletree did not raise any relief claims pertaining to the imposed
sentence, the calculated aggregate sentence or any other sentencing entry errors. The
common pleas court subsequently denied Ogletree's habeas petition and this Court
affirmed the denial. Ogletree II. Richland County, Case No. 12CA51 4
{¶10} Ogletree also filed a federal petition for a writ of corpus in U.S. District
Court for the Northern District of Ohio Case. See, Willie Ogletree Jr. v. Margaret
Bradshaw, Warden, N.D.Ohio No.1:03CV2291 (Jan. 28, 2005) [Exhibit F]. Ogletree did
not raise any federal constitutional claims related to his sentence, sentence calculation
or sentencing entry in that petition. The federal court subsequently dismissed Ogletree's
habeas petition because the state court proceedings did not result in a decision that
was contrary to, or involved an unreasonable application of, clearly established federal
law; the state court decisions were not based on an unreasonable determination of facts
and no constitutional violation had been presented. (Exhibit F).
{¶11} On July 6, 2012, Ogletree filed the instant petition for a writ of habeas
corpus.
The Petition
{¶12} In his petition, Ogletree argues that his aggregate sentence was only 11
years and that his sentence expired May 29, 2012. Specifically, Ogletree contends that
pursuant to the trial court’s journal entry, the one-year firearm specifications were
ordered to merge with the three-year firearm specifications and all three-year firearm
specifications were ordered to run concurrent to each other, but consecutive to the base
charge. All counts were ordered to run concurrent to each other. The maximum
sentence for all counts running concurrent to each other but consecutive to the three (3)
year firearm specifications is eleven (11) years. (Emphasis sic.) Richland County, Case No. 12CA51 5
State’s Argument
{¶13} The state contends that Ogletree's claim ignores the fact that he was
sentenced for 9 separate specifications and that it was mandatory for the trial court to
impose separate, 3-year, prior and consecutive sentences for each specification
pursuant to R.C. 2929.14(B)(1)(a)(ii). Accordingly, the state asserts that we should
dismiss the petition pursuant to Civ.R. 12(B)(6) or Civ.R. 56 for failure to state a claim or
raise a materiel issue of fact.
Analysis
{¶14} The Supreme Court has addressed the propriety of a Civ.R.12(B)(6) motion
in a habeas action. “‘R.C. Chapter 2725 prescribes a basic, summary procedure for
bringing a habeas corpus action.’” Waites v. Gansheimer, 110 Ohio St.3d 250, 2006–
Ohio–4358, 852 N.E.2d 1204, ¶ 8, quoting Chari v. Vore, 91 Ohio St.3d 323, 327, 744
N.E.2d 763(2001). “First, application is by petition that contains certain information. R.C.
2725.04. Then, if the court decides that the petition states a facially valid claim, it must
allow the writ. R.C. 2725.06. Conversely, if the petition states a claim for which habeas
corpus relief cannot be granted, the court should not allow the writ and should dismiss
the petition.” Pegan v. Crawmer, 73 Ohio St.3d 607, 609, 653 N.E.2d 659(1995). Richland County, Case No. 12CA51 6
Accord, State ex rel. Sneed v. Anderson, 114 Ohio St.3d 11, 11–12, 2007–Ohio–2454,
866 N.E.2d 1084, 1085.
{¶15} At the outset, we note Ogletree has or had adequate remedies at law by
appeal or post conviction relief to review the alleged sentencing error. State ex rel.
Roberts v. Knab, 131 Ohio St.3d 60, 2012-Ohio-56, 96 N.E.2d 457, ¶2; State ex rel.
Massie v. Rogers, 77 Ohio St.3d 449, 450, 674 N.E.2d 1383, 1383(1997). Sentencing
errors are not jurisdictional and are not cognizable in habeas corpus. Id.; Accord,
Majoros v. Collins, 64 Ohio St.3d 442, 443, 596 N.E.2d 1038, 1039(1992); Childers v.
Wingard, 83 Ohio St.3d 427, 428, 1998-Ohio-27, 700 N.E.2d 588. Ogletree’s claim that
his sentence was improperly calculated is a claim that is addressable on direct appeal
or by post conviction relief and thus not cognizable in a petition for habeas corpus.
Richards v. Eberlin, 7th Dist. No. 04-BE-1, 2004-Ohio-2636, ¶8. Where a Petitioner
possessed the adequate legal remedies of appeal and post-conviction to challenge his
sentencing, a petition for habeas corpus may properly be dismissed. See State ex rel.
Massie v. Rogers, 77 Ohio St.3d at 450.
{¶16} Additionally, res judicata barred Ogletree from filing successive habeas
corpus petitions. State ex rel. Brantley v. Ghee, 80 Ohio St.3d 287, 288, 685 N.E.2d
1243, 1244(1997). Ogletree's previous habeas corpus petition had been denied by the
trial court. We affirmed the dismissal of Ogletree's petition. See State ex rel. Harsh v.
Sheets, 132 Ohio St.3d 198, 2012-Ohio-2368, 970 N.E.2d 926, ¶2; State ex rel. Richland County, Case No. 12CA51 7
Brantley v. Ghee, 80 Ohio St.3d 287, 288, 685 N.E.2d 1243, 1244(1997); Childers v.
Wingard.
{¶17} Accordingly, because Ogletree possessed adequate legal remedies for the
alleged sentencing error in form of appeal or post conviction relief, and because he
either raised or could have raised his claims in the previous petitions, we dismiss the
petition of Willie Ogletree, Jr. for a writ of habeas corpus.
{¶18} PETITION FOR HABEAS CORPUS DISMISSED
{¶19} COSTS TO PETITIONER.
By: Delaney, P.J. Farmer, J. and Wise, J. concur
______________________________ HON. PATRICIA A. DELANEY
______________________________ HON. SHEILA G. FARMER
______________________________ HON. JOHN W. WISE IN THE COURT OF APPEALS FIFTH APPELLATE DISTRICT RICHLAND COUNTY, OHIO
State of Ohio ex rel. : WILLIE OGLETREE, JR. : : CASE NO. 12CA51 Petitioner : : -vs- : JUDGMENT ENTRY : MARGARET BRADSHAW, Warden, : Richland Correctional Institution : : : Respondent : :
For the reasons stated in the Memorandum-Opinion on file, Petitioner’s
writ of Habeas Corpus is hereby dismissed. Costs taxes to Petitioner.
____________________________ HON. PATRICIA A. DELANEY
____________________________ HON. SHEILA G. FARMER
____________________________ HON. JOHN W. WISE