State v. Colquitt, 2006 Ca 97 (9-28-2007)

OPINION

{¶ 1} On March 12, 2001, the trial court imposed consecutive sentences of six and two years on two drug charges to which Jason Colquitt pleaded guilty.

{¶ 2} On June 27, 2006, Colquitt filed a pro se motion for "judicial recall of sentencing mandate", seeking resentencing.

{¶ 3} The trial court treated Colquitt's motion as one for resentencing and overruled it for the reasons that Colquitt's sentence was beyond the reach of State v. Foster, 109 Ohio St.3d 1,2006-Ohio-856, 845 N.E.2d 470, ¶ 104, and because Colquitt had not appealed his sentence.

{¶ 4} On appeal, Colquitt argues that…