Summary
The Supreme Court of Ohio held that once a defendant has been sentenced and a final judgment has been entered, the trial court lacks jurisdiction to entertain the state's motion to vacate the guilty plea and sentence based on an alleged breach of the plea agreement. The court affirmed the First District Court of Appeals and remanded for reinstatement of the original sentence. The dissent argued that the trial court possessed inherent authority to vacate the judgment because the defendant had allegedly perpetrated a fraud on the court.
Holdings
- Once a defendant has been sentenced and a valid final judgment has been entered, the trial court does not have jurisdiction to entertain the State's motion to vacate the guilty plea and sentence based on the defendant's alleged violation of a plea agreement.
- A defendant cannot confer subject-matter jurisdiction on a trial court by consenting to or entering a second plea after the court has lost jurisdiction over the final judgment.
- The State's double-jeopardy argument was moot because the court affirmed the appellate judgment on the independent ground that the trial court lacked authority to vacate the final judgment and resentence Gilbert.
Questions Presented
- Whether a trial court retains jurisdiction after sentencing to vacate a defendant's guilty plea and final sentence because the defendant allegedly breached a plea agreement.
- Whether the defendant's entry into a second plea agreement conferred or restored jurisdiction in the trial court.
- Whether the State's double-jeopardy argument was properly before the court.
Disposition
affirmed
Cases Cited (12)
- Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967)(followed)
- State v. Lester, 130 Ohio St. 3d 303, 2011-Ohio-5204, 958 N.E.2d 142, ¶ 1(followed)
- State v. Carlisle, 131 Ohio St. 3d 127, 2011-Ohio-6553, 961 N.E.2d 671, ¶¶ 1, 11(followed)
- Miller v. Nelson-Miller, 132 Ohio St. 3d 381, 2012-Ohio-2845, 972 N.E.2d 568, ¶ 18(followed)
- Strack v. Pelton, 70 Ohio St. 3d 172, 175, 637 N.E.2d 914 (1994)(followed)
- Knapp v. Knapp, 24 Ohio St. 3d 141, 144-145, 493 N.E.2d 1353 (1986)(followed)
- State v. Bethel, 110 Ohio St. 3d 416, 2006-Ohio-4853, 854 N.E.2d 150, ¶ 50(distinguished)
- State v. Adkins, 161 Ohio App. 3d 114, 2005-Ohio-2577, 829 N.E.2d 729(distinguished)
- State v. Gilroy, 195 Ohio App. 3d 173, 2011-Ohio-4163, 959 N.E.2d 19(distinguished)
- Commodity Futures Trading Comm. v. Schor, 478 U.S. 833, 106 S. Ct. 3245, 92 L. Ed. 2d 675 (1986)(followed)
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Court Document
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