[Cite as State v. Crangle, 2019-Ohio-1973.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF SUMMIT ) 

STATE OF OHIO 

 Appellee 

 v. 

THOMAS CHARLES CRANGLE 

 Appellant 

C.A. No. 29162 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF SUMMIT, OHIO 

CASE No. CR 2006-12-4299 

DECISION AND JOURNAL ENTRY 

Dated: May 22, 2019 

 

CARR, Judge. 

{¶1} Defendant-Appellant Thomas C. Crangle appeals from the judgment of the 

Summit County Court of Common Pleas. This Court affirms. 

I. 

{¶2} This Court summarized much of the history of this case in the prior appeal: 

“On December 14, 2006, Crangle was indicted on one count of rape, a first degree 

felony in violation of R.C. 2907.02(A)(1)(b), one count of kidnapping, a first 

degree felony in violation of R.C. 2905.01(A)(3), and gross sexual imposition, a 

third degree felony in violation of R.C. 2907.05(A)(4). On December 18, 2006, 

Crangle pled not guilty to these charges. 

A supplemental indictment was filed on February 1, 2007, adding a specification 

to the previously indicted rape charge, charging Crangle as a sexually violent 

predator as defined in R.C. 2971.01(H), in violation of R.C. 2941.148 [2971.02]. 

On February 5, 2007, Crangle pled not guilty to the specification. A jury trial was 

set for February 21, 2007. 

* * * 

Prior to trial, Crangle informed the trial court that he wished to change his plea 

from not guilty to guilty. The parties indicated that Crangle’s change of plea was 

a result of a plea negotiation wherein he would enter a plea of guilty to the rape 
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charge and stipulate that he was a sexual predator. The State agreed to dismiss 

the charges of kidnapping and gross sexual imposition, and to dismiss the 

sexually violent predator specification. The trial court then sentenced Crangle to 

life imprisonment with parole eligibility after ten years.” 

State v. Crangle, 9th Dist. Summit No. 24033, 2008-Ohio-5703, ¶ 2-5. 

Mr. Crangle filed a delayed appeal with this Court, arguing that his trial counsel 

provided ineffective assistance by allowing him to plead guilty rather than no 

contest to the rape charge. Id. at ¶ 6-7. This Court rejected Mr. Crangle’s 

argument and affirmed the trial court’s decision. Id. at ¶ 13. 

“Two years later, Mr. Crangle moved to withdraw his plea, arguing that the trial 

court failed to tell him about post-release control before accepting his plea.” State 

v. Crangle, 9th Dist. Summit No. 25735, 2011-Ohio-5776, ¶ 1 (“Crangle II”). 

“Because the court failed to impose post-release control in its sentence, Mr. 

Crangle also moved for a corrected sentence.” Id. After a hearing, the trial court 

corrected the post-release control error via a nunc pro tunc entry, and denied his 

motion to withdraw his guilty plea. Id. Mr. Crangle then appealed the trial 

court’s denial of his motion to withdraw his guilty plea. Id. This Court affirmed 

the trial court’s decision on the basis that the trial court lacked authority to 

consider Mr. Crangle’s motion. Id. at ¶ 1, 12. In doing so, this Court held that 

“[a] trial court does not have authority to consider a motion to withdraw a 

defendant’s guilty plea after the court of appeals has affirmed his conviction and 

sentence.” Id. at ¶ 12. 

In 2017, Mr. Crangle filed a “Motion To Correct Statutorily Invalid Sentence” 

wherein he argued that his sentence was void ab initio because the trial court did 

not sentence him according to the applicable statutes. Relatedly, about a week 

later, Mr. Crangle filed a motion to withdraw his guilty plea, arguing that his trial 

counsel provided ineffective assistance when his counsel allowed him to agree to 

an unlawful sentence. The trial court denied both motions. Mr. Crangle then 

filed a notice of appeal relative to the trial court’s denial of his motion to 

withdraw his guilty plea. He did not file a notice of appeal relative to the trial 

court’s denial of his “Motion To Correct Statutorily Invalid Sentence[,]” nor did 

he amend his notice of appeal to include it. 

State v. Crangle, 9th Dist. Summit No. 28896, 2018-Ohio-2173, ¶ 2-5 (“Crangle III”). 

{¶3} This Court concluded that the arguments related to his “Motion to Correct 

Statutorily Invalid Sentence” were not properly before the Court as he did not appeal from the 

entry resolving that motion. See id. at ¶ 6-7. With respect to his motion to withdraw his guilty 

plea, the trial court concluded that “it lacked jurisdiction to consider it, and that-even if it did 
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have jurisdiction-res judicata barred his argument because he could have raised it in his previous 

motion to withdraw his guilty plea.” Id.at ¶ 8. This Court concluded that, contrary to the trial 

court’s conclusion, the trial court “had the authority to consider [] Crangle’s motion to withdraw 

his guilty plea to the extent that it was based upon [his] argument that his sentence was contrary 

to law and, therefore, void.” Id. at ¶ 9. This Court therefore “remand[ed] the matter for the trial 

court to consider the lawfulness of [] Crangle’s sentence in the first instance.” Id.

{¶4} Upon remand, the trial court concluded that Crangle’s sentence was not void and 

therefore concluded that it lacked jurisdiction to consider his motion to withdraw his guilty plea. 

Crangle has appealed, pro se, raising a single assignment of error for our review. 

II. 

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT IMPOSED 

A LIFE SENTENCE WITH PAROLE ELIGIBILITY THAT EXISTED PRIOR 

TO JANUARY 2, 2007, AND FAILED TO RECOGNIZE THAT THIS 

DEFINITE LIFE SENTENCE IS CONTRARY TO LAW AND VOID WHEN IT 

DENIED APPELLANT’S [CRIM.R.] 32.1 MOTION TO WITHDRAW GUILTY 

PLEA. 

{¶5} Crangle argues in his assignment of error that his sentence is contrary to law and 

void, and, therefore, the trial court erred in concluding otherwise. Specifically, Crangle argues 

that “the sentence that the court imposed is contrary to law because it does not comport with the 

indefinite sentencing language of [R.C. 2971.03(B)(1)] in effect at the time of Crangle’s plea 

agreement, conviction, and sentence.” Essentially, Crangle argues that the version of R.C. 

2971.03(B)(1) that became effective January 2, 2007 governed his sentence and, because the trial 

court did not impose the sentence specified thereunder, his sentence is void. 

{¶6} The version of R.C. 2971.03(B)(1) at issue states: 
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Notwithstanding section 2929.13, division (A), (B), (C), or (F) of section 2929.14, 

or another section of the Revised Code other than division (B) of section 2907.02 

or divisions (D) and (E) of section 2929.14 of the Revised Code that authorizes or 

requires a specified prison term or a mandatory prison term for a person who is 

convicted of or pleads guilty to a felony or that specifies the manner and place of 

service of a prison term or term of imprisonment, if a person is convicted of or 

pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised 

Code committed on or after the effective date of this amendment, if division (A) of 

this section does not apply regarding the person, and if the court does not impose 

a sentence of life without parole when authorized pursuant to division (B) of 

section 2907.02 of the Revised Code, the court shall impose upon the person an 

indefinite prison term consisting of one of the following: 

(a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a 

minimum term of ten years and a maximum term of life imprisonment. 

(b) If the victim was less than ten years of age, a minimum term of fifteen years 

and a maximum of life imprisonment. 

(c) If the offender purposely compels the victim to submit by force or threat of 

force, or if the offender previously has been convicted of or pleaded guilty to 

violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating 

an existing or former law of this state, another state, or the United States that is 

substantially similar to division (A)(1)(b) of that section, or if the offender during 

or immediately after the commission of the offense caused serious physical harm 

to the victim, a minimum term of twenty-five years and a maximum of life 

imprisonment. 

(Emphasis added.) 

{¶7} Crangle’s indictment specified that the crime at issue took place in September 

2006. Given the italicized language of the statute, this version of R.C. 2971.03(B)(1) does not 

apply to Crangle as the offense was committed prior to the effective date of the amendment to 

the statute. Thus, given Crangle’s limited argument, he has not met his burden to demonstrate 

that the trial court erred in concluding that his sentence was not void. See State v. Hennacy, 9th 

Dist. Summit Nos. 29115, 29116, 2019-Ohio-1332, ¶ 14. Further, Crangle has not explained 

how, if the trial court was correct in determining that his sentence was not void, the trial court 

erred in denying his motion to withdraw his guilty plea. See App.R. 16(A)(7). Accordingly, 

Crangle has failed to demonstrate his entitlement to relief. 
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{¶8} Crangle’s assignment of error is overruled. 

III. 

{¶9} Crangle’s assignment of error is overruled. The judgment of the Summit County 

Court of Common Pleas is affirmed. 

Judgment affirmed. 

 

 There were reasonable grounds for this appeal. 

 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy 

of this journal entry shall constitute the mandate, pursuant to App.R. 27. 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 

 Costs taxed to Appellant. 

 

 DONNA J. CARR 

 FOR THE COURT 

CALLAHAN, P. J. 

HENSAL, J. 

CONCUR. 
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APPEARANCES: 

THOMAS CHARLES CRANGLE, pro se, Appellant. 

SHERRI BEVAN WALSH, Prosecuting attorney, and JACQUENETTE S. CORGAN, Assistant 

Prosecuting Attorney, for Appellee.