State v. Wilmore

2014 Ohio 4938

• Court: Ohio Court of Appeals
• Decided: November 6, 2014
• Docket: 101408
• Status: Published

Opinion

[Cite as State v. Wilmore, 2014-Ohio-4938.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101408

STATE OF OHIO

PLAINTIFF-APPELLEE

vs.

MICHAEL WILMORE

DEFENDANT-APPELLANT

JUDGMENT: AFFIRMED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-96-338286-ZA

BEFORE: Stewart, J., Kilbane, P.J., and E.T. Gallagher, J.

RELEASED AND JOURNALIZED: November 6, 2014 FOR APPELLANT

Michael Wilmore, pro se Inmate No. A324-099 Grafton Correctional Institution 2500 S. Avon-Belden Road Grafton, OH 44044

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

BY: Mary McGrath Assistant County Prosecutor The Justice Center 1200 Ontario Street, 8th Floor Cleveland, OH 44113 MELODY J. STEWART, J.:

{¶1} Defendant-appellant Michael Wilmore requested that this appeal be placed on this

court’s accelerated calendar pursuant to App.R. 11.1 and Loc.R.11.1. By doing so, he has

agreed that we may render a decision in “brief and conclusionary form” consistent with App.R.

11.1(E).

{¶2} In July 1996, Wilmore pleaded guilty to one count of involuntary manslaughter, an

aggravated felony of the first degree, and received a sentence of 9-25 years in prison. In April

2014, Wilmore filed a motion to correct a void sentence on grounds that at the time it imposed

sentence, the court could only sentence him to four, five, six, or seven years on the minimum

term of the indefinite sentence he received for a first-degree felony. The court denied the

motion.

{¶3} The court did not err. Wilmore pleaded guilty to an aggravated felony of the first

degree. Under former R.C. 2929.11(B)(1)(a), the minimum term for an aggravated felony of the

first degree was five, six, seven, eight, nine, or ten years to 25 years. The sentence he received

was legal and not void.

{¶4} Judgment affirmed.

It is ordered that appellee recover of appellant its 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 Cuyahoga

County Court of Common Pleas 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.

________________________________________ MELODY J. STEWART, JUDGE

MARY EILEEN KILBANE, P.J., and EILEEN T. GALLAGHER, J., CONCUR