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The State of Ohio v. Milton C. Miley

October 31, 2011

THE STATE OF OHIO PLAINTIFF-APPELLEE
v.
MILTON C. MILEY DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Appeal from the Richland County Court of Common Pleas, Case No. 05 CR 85H

The opinion of the court was delivered by: Delaney, J.

Cite as State v. Miley,

JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

OPINION

JUDGMENT: AFFIRMED

{¶1} Defendant-Appellant Milton C. Miley appeals the December 28, 2010 Nunc Pro Tunc Sentencing Entry of the Richland County Court of Common Pleas. Plaintiff-Appellee is the State of Ohio.

STATEMENT OF THE CASE*fn1

{¶2} In 2004, Appellant was indicted by the Richland County Grand Jury on 55 counts in Case No. 2005 CR 0085, for rape, unlawful sexual conduct with a minor, corrupting another with drugs and disseminating matter harmful to juveniles.

{¶3} On May 20, 2005, a jury returned a verdict of guilty as to all counts of the indictment. On May 31, 2005, the trial court sentenced Appellant to a total prison term of thirty-five years. The trial court further classified Appellant a sexual predator under R.C. Chapter 2950. An appeal ensued.

{¶4} On September 8, 2006, this Court reversed Appellant's conviction and remanded the matter for a new trial finding the trial court erred in admitting evidence of Appellant's prior acts. State v. Miley, 5th Dist. Nos. 2005-CA-67 and 2006-CA-14, 2006-Ohio-4670.

{¶5} On February 8, 2007, the Richland County Grand Jury indicted Appellant on four additional charges alleging recently discovered evidence in Case No. 2007 CR 0163. On July 30, 2007, Appellant filed a motion to dismiss the 2007 indictment on speedy trial grounds. The trial court overruled the motion, via Judgment Entry of September 21, 2007. The trial court then consolidated the cases and scheduled a trial date for October 8, 2007.

{¶6} On October 9, 2007, Appellant entered a plea of no contest to two of the additional charges, counts 58 and 59, of having weapons under disability. Following a trial by jury, Appellant was convicted on a total 57 counts, and sentenced to thirty-eight years in prison, via two separate entries in Case Nos. 2005 CR 0085 and 2007 CR 0163. Appellant again appealed.

{¶7} In State v. Miley, 5th Dist. Nos. 07-CA-113 and 07-CA-114, 2009-Ohio- 570, we dismissed Appellant's appeal for lack of a final, appealable order pursuant to the Ohio Supreme Court's decision in State v. Baker, 119 Ohio St.3d 197, 2008-Ohio- 3330, 893 N.E.2d 163. The entries at issue in the consolidated appeal did not contain the manner of conviction; therefore, the entries were not final, appealable orders pursuant to Baker.

{ΒΆ8} On February 13, 2009, the trial court issued amended sentencing entries. Appellant filed an appeal of the February 13, 2009 amended sentencing entries. In State v. Miley, 5th Dist. Nos. 09CA39 and 09CA40, 2009-Ohio-4011, this Court first found the trial court erred in not dismissing counts 58 and 59 charging having weapons under disability because Appellant's speedy trial rights were violated. We affirmed the remainder of the trial court's decisions in relation to Appellant's ...


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