State v. Hutchinson, Unpublished Decision (04-27-2001)
State v. Hutchinson, Unpublished Decision (04-27-2001)
Opinion of the Court
OPINION
Jack D. Hutchinson appeals from a judgment of the Montgomery County Court of Common Pleas which denied his motion for modification of his sentence.Hutchinson was convicted of aggravated murder in 1981 and was sentenced to life in prison. On July 5, 2000, he filed a motion in the trial court, pro se, seeking a modification of his sentence on the grounds that sentencing statutes had changed significantly over the years and that he had been adequately punished for his crime. The trial court denied the motion on July 13, 2000, stating that it had no jurisdiction or authority to modify the sentence.
Hutchinson presents one assignment of error on appeal.
THE TRIAL COURT ERRED IN ITS DECISION TO DENY THE DEFENDANT'S MOTION FOR MODIFICATION OF SENTENCE BY ATTESTING THAT THEY [SIC] WERE WITHOUT AUTHORITY AND THAT IT WAS OUT OF THIS COURT[`]S JURISDICTION TO DO SO.
Hutchinson contends that the trial court did have authority to modify his sentence. Criminal procedure in Ohio is regulated entirely by statute; therefore, it is necessary to apply Ohio statutory law to the issue of modification of sentences. State v. Addison (1987),
Hutchinson has been imprisoned for more that twenty years, and he has cited no statutory authority for his claim that, under these circumstances, the trial court had the authority to modify his sentence. Furthermore, the case upon which he relies does not support his position. In State v. Air Clean Damper Co., Inc. (1990),
The trial court properly concluded that it lacked the authority to modify Hutchinson's sentence.
The assignment of error is overruled.
BROGAN, J. and YOUNG, J., concur.
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