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State v. Sullivan

Court of Appeals of Ohio, Fifth District

August 7, 2006

STATE OF OHIO Plaintiff-Appellee
v.
CHAD E. SULLIVAN Defendant-Appellant

Appeal from the Licking County Court of Common Pleas, Case No. 03 CR 163

For Plaintiff-Appellee KENNETH OSWALT, Assistant Prosecutor

For Defendant-Appellant CHAD E. SULLIVAN, Pro Se

Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. John F. Boggins, J.

OPINION

Boggins, J.

{¶1} Appellant appeals the February 23, 2006, decision of the Licking County Common Pleas Court denying his Motion for Post Conviction Relief.

{¶2} Appellee is the State of Ohio.

{¶3} Appellee did not file a brief in this matter. Pursuant to App.R. 18(C), in determining the appeal, we may accept appellant's statement of the facts and issues as correct, and reverse the judgment if appellant's brief reasonably appears to sustain such action. See State v. Rohrig (Apr. 2, 2001), Fairfield App. No. 00 CA 39, unreported and Chowdhury v. Fitzgerald (Mar. 27, 1997), Guernsey App. No. 96 CA 43, unreported. Therefore, we presume the validity of appellant's statement of facts and issues

STATEMENT OF THE FACTS AND CASE

{¶4} On August 1, 2003, Appellant entered pleas of "no contest" to one count of Aggravated Burglary, in violation of R.C. 2911.11(A)(2), a felony of the first degree; one count of Aggravated Robbery, in violation of R.C. 2911.01(A)(1), a felony of the first degree; two counts of kidnapping, in violation of R.C. 2905.01(A)(2), felonies of the first degree; one count of Disrupting Public Services, in violation of R.C. 2909.04(A)(1), a felony of the fourth degree; one count of Grand Theft (Motor Vehicle), a violation of R.C. 2913.02(A)(1), a felony othe fourth degree; one count of Grand Theft (Firearms), in violation of R.C. 2913.02(A)(1), a felony of the fourth degree; one count of Grand Theft (Over $5, 000), in violation of R.C. 2913.02(A)(1), and Firearm Specification on eight of the counts, in violation of R.C. 2929.14(D) and R.C. 2941.145.

{¶5} Appellant did not file a direct appeal from his conviction and/or sentence.

{¶6} On January 13, 2006, Appellant filed a Motion for Post-Conviction Relief with the trial court pursuant to R.C. 2953.23(A)(1)(a) based on the United States Supreme Court's holding in Blakely v. Washington (2004), 124 S.Ct. 2531.

{¶7} By Judgment Entry docketed on February 23, 2006, the trial court denied Appellant's Motion.

{ΒΆ8} Appellant filed an appeal and this matter is now before this court for consideration. Appellant's ...


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