[Cite as State v. Reynolds, 2012-Ohio-4067.]

 Court of Appeals of Ohio

 EIGHTH APPELLATE DISTRICT 

 COUNTY OF CUYAHOGA

 JOURNAL ENTRY AND OPINION 

 No. 98146 

STATE OF OHIO

 

PLAINTIFF-APPELLEE

vs.

KEITH REYNOLDS

DEFENDANT-APPELLANT 

JUDGMENT: 

AFFIRMED; REMANDED FOR CORRECTION 

 OF THE RECORD

Criminal Appeal from the 

Cuyahoga County Court of Common Pleas 

Case No. CR-207306 
BEFORE: Kilbane, J., Boyle, P.J., and Cooney, J. 

RELEASED AND JOURNALIZED: September 6, 2012 
[Cite as State v. Reynolds, 2012-Ohio-4067.]

APPELLANT

Keith Reynolds, pro se 

Inmate #514-531 

Ross Correctional Institution 

P.O. Box 7010 

Chillicothe, Ohio 45601 

ATTORNEYS FOR APPELLEE

William D. Mason 

Cuyahoga County Prosecutor 

Katherine Mullin 

Assistant County Prosecutor 

The Justice Center - 8th Floor 

1200 Ontario Street 

Cleveland, Ohio 44113 
[Cite as State v. Reynolds, 2012-Ohio-4067.]

MARY EILEEN KILBANE, J.: 

{¶1} In this pro se appeal, defendant-appellant, Keith Reynolds, 

appeals from the order of the trial court that denied his petition to vacate his 

sentence. For the reasons set forth below, we affirm. However, because 

portions of this record, including the journal entry from which defendant 

appeals, erroneously state, “indictment: aggravated murder with violence 

specification,” we remand for correction of the record to delete all such 

provisions and to reflect that defendant has been convicted of one count of 

aggravated murder without any specifications. 

{¶2} On February 27, 1986, defendant was charged with delinquency 

in connection with the aggravated murder of Willie Moore. Defendant was 

subsequently bound over to the general division, and on May 5, 1986, he was 

indicted on one count of aggravated murder with a gun specification. On 

July 9, 1986, defendant pled guilty to the charge of aggravated murder and 

the gun specification was dismissed. Defendant was sentenced to a term of 

20 years to life and was ordered to serve his sentence at the Ohio State 

Reformatory. 

{¶3} By August 12, 1986, defendant was transferred to the Ohio 

Penitentiary in Chillicothe. Two months later, he filed a petition to vacate 

his conviction, complaining that prior to the plea proceedings, he was 

promised that he would serve his sentence at the Ohio State Reformatory. 
The trial court denied the petition on November 25, 1986. Defendant also 

appealed to this court, raising the same assertion. This court found the 

claim unsupported in the record and affirmed. See State v. Reynolds, 8th 

Dist. No. 52461, 1987 LEXIS 8175 (Aug. 6, 1987). 

{¶4} On July 11, 1991, defendant filed a motion to set aside his 

conviction, complaining that his trial counsel failed to conduct any 

investigation in this matter and was ineffective. On March 18, 1992, the 

trial court denied this motion. 

{¶5} On October 3, 2011, defendant filed a motion to withdraw his 

guilty plea, alleging that R.C. 2945.06 was applicable to this matter and that 

a three-judge panel should have been assigned to the plea proceedings. On 

October 21, 2011, the trial court denied the motion. The entry for this order 

indicates in the caption, “INDICT: 2903.01 AGGRAVATED MURDER WITH 

VIOLENCE SPECIFICATION.” 

{¶6} On November 21, 2011, defendant filed a motion to vacate a void 

sentence, again asserting that his guilty plea was void because the matter 

should have been assigned to a three-judge panel, rather than a single trial 

court judge. The state noted that defendant was a minor at the time of the 

offense, and was not charged with a capital offense, and therefore, R.C. 

2945.06 is inapplicable. The trial court denied this successive motion. The 
entry for this order again indicates in the caption, “INDICT: 2903.01 

AGGRAVATED MURDER WITH VIOLENCE SPECIFICATION.” 

{¶7} Defendant now appeals, assigning one error for our review. 

{¶8} For his sole assignment of error, defendant complains that the 

journal entry of his sentence erroneously states “INDICTMENT AGG 

MUDER W/ SPECIFICATION” but the actual indictment charged him with 

one count of aggravated murder with a gun specification, and during the plea 

proceedings, he pled guilty to aggravated murder, and the gun specification 

was dismissed. Defendant maintains that in light of this language, his 

conviction and sentence are void because a three-judge panel was required to 

conduct the plea proceedings pursuant to R.C. 2945.06 and Crim.R. 11(C)(3). 

{¶9} The three-judge panel requirement of R.C. 2945.06 and Crim.R. 

11(C)(3) are jurisdictional matters that cannot be waived. State v. Parker, 95 

Ohio St.3d 524, 2002-Ohio-2833, 769 N.E.2d 846, ¶ 12; Pratts v. Hurley, 102 

Ohio St.3d 81, 2004-Ohio-1980, 806 N.E.2d 992. 

{¶10} In this matter, in the direct appeal from defendant’s plea, this 

court stated: 

On May 5, 1986, appellant was indicted for one count of 

aggravated murder, R.C. 2903.01, with a gun specification, R.C. 

2929.71. On May 8, 1986, appellant entered a plea of not guilty. 

Thereafter, on July 9, 1986, pursuant to a plea bargain 

agreement, appellant withdrew his former plea of “not guilty” and 
entered a plea of “guilty” to aggravated murder. The gun 

specification was deleted. In his colloquy with the trial judge in 

accordance with Criminal Rule 11, appellant acknowledged that 

no promises or threats were made to induce appellant to plead 

guilty to the charged offense. Accordingly, the trial court 

accepted appellant’s plea. Appellant was sentenced to a term of 

twenty years to life[.] 

{¶11} Therefore, defendant correctly notes that he was never charged 

with a violence specification; he was charged with aggravated murder with a 

gun specification; and he pled guilty to aggravated murder, and the gun 

specification was dismissed. This matter was never charged as a capital 

offense. R.C. 2945.06 and Crim.R. 11(C)(3) are therefore not applicable 

herein, and there was no need for a three-judge panel. 

{¶12} Moreover, under R.C. 2929.03(D)(1), the death penalty may not 

be imposed if an offender is under 18 years of age at the time of the offense. 

Defendant was clearly a juvenile at the time of this offense. 

{¶13} It is clear, however, that portions of the record erroneously 

indicate that the indictment contained a violence specification. We therefore 

remand the matter to the trial court for correction of the record in order to 

accurately reflect the May 5, 1986 charges and the July 9, 1986 guilty plea and 

conviction for aggravated murder. 

{¶14} Affirmed, but remanded for correction of the record. 

It is ordered that appellee and appellant share the costs herein taxed. 
The court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate issue out of this court directing the 

common pleas court to carry this judgment into execution. 

A certified copy of this entry shall constitute the mandate pursuant to 

Rule 27 of the Rules of Appellate Procedure. 

 

MARY EILEEN KILBANE, JUDGE 

MARY J. BOYLE, P.J., CONCURS 

COLLEEN CONWAY COONEY, J., CONCURS IN JUDGMENT ONLY