Judges rule trial court cannot resentence man for time already served

Published: 08/19/2013

A three-judge appellate panel recently affirmed the Franklin County Court of Common Pleas decision denying a man’s motion to void a judgment that convicted him of shooting and killing a man.

The 10th District Court of Appeals rejected Clive Melhado’s claim that the trial court failed to properly impost his post-release control. The district judges ruled that the portion of Melhado’s sentence that would have been subject to post-release control had already been completed and held that the lower court could not longer resentence him on that conviction.

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