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State v. Poissant

Court of Appeals of Ohio, Fifth District

December 20, 2006

STATE OF OHIO Plaintiff-Appellee
v.
MICHAEL R. POISSANT Defendant-Appellant

Criminal appeal from the Fairfield County Court of Common Pleas, Case No. 02-CR- 0321.

For Plaintiff-Appellee: GREGG MARX, Assistant Prosecuting Attorney.

For Defendant-Appellant – Pro Se MICHAEL R. POISSANT #437-989.

JUDGES: Hon: W. Scott Gwin, P.J., Hon: Julie A. Edwards, J, . Hon: John F. Boggins, J.

OPINION

Gwin, P.J.

{¶1} Defendant-appellant Michael R. Poissant appeals the judgment entry of the Fairfield County Court of Common Pleas dismissing his petition for post-conviction relief. Plaintiff-appellee is the State of Ohio.

{¶2} On September 13, 2002, appellant Michael Poissant was indicted on one count of burglary, one count of kidnapping, one count of abduction, and two counts of rape of a child under the age of thirteen, by force. On November 27, 2002, pursuant to a plea agreement, appellant entered pleas of guilty to both charges of rape, which were amended to drop the allegations of force or threat of force. The remaining charges were dismissed. Appellant executed a waiver of a separate sentencing hearing, and the matter proceeded to sentencing.

{¶3} The court sentenced appellant to seven years incarceration on one count of rape, and eight years incarceration on the second count of rape, to be served consecutively. This Court upheld appellant's convictions and sentences for two counts of rape of a child under the age of 13. See, State v. Poissant, 5th Dist. No. 03-CA-14, 2003-Ohio-4578.

{¶4} On June 27, 2005, appellant filed a petition for post conviction relief in the trial court. The trial court overruled the petition without hearing on August 19, 2005.

{¶5} On March 20, 2006 this Court denied appellant's application to re-open his direct appeal pursuant to App.R. 26.

{¶6} It is from the trial court's Judgment Entry filed August 19, 2005 denying his Petition for Post-conviction relief that appellant now appeals raising as his sole assignment of error:

{¶7} "I. THE TRIAL COURT ERRED IN DENYING APPELLANT'S POSTCONVICTION PETITION AND MOTION FOR LEAVE PURSUANT TO R.C. 2953.21 AND (.23)."

Standard of Review

{ΒΆ8} R.C. 2953.21(A) states, in part, as follows: "(1) Any person who has been convicted of a criminal offense or adjudicated a delinquent child and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, ...


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