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State of Ohio v. David M. Hutzler

December 26, 2012

STATE OF OHIO APPELLEE
v.
DAVID M. HUTZLER APPELLANT



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2002-03-0592

The opinion of the court was delivered by: Carr, Judge.

Cite as

State v. Hutzler,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant, David Hutzler, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} This matter arises from the murder of Danielle Maximovich on April 5, 2000.

{¶3} On March 14, 2002, the Summit County Grand Jury indicted Hutzler on one count of aggravated murder with a firearm specification, one count of aggravated robbery with a firearm specification, and one count of aggravated burglary with a firearm specification. Following a jury trial, Hutzler was convicted of all charges in the indictment. On October 30, 2002, Hutzler was ordered to serve a total sentence of forty-three years to life imprisonment.

{¶4} Hutzler filed a direct appeal to this Court and raised nine assignments of error. In our decision released on December 31, 2003, this Court overruled all nine assignments of error and affirmed Hutzler's conviction and sentence. State v. Hutzler, 9th Dist. No. 21343, 2003- Ohio-7193. The Supreme Court of Ohio declined to accept jurisdiction over Hutzler's appeal. State v. Hutzler, 102 Ohio St.3d 1459, 2004-Ohio-2569.

{¶5} More than eight years after his conviction, on March 9, 2012, Hutzler filed a petition for post-conviction relief pursuant to R.C. 2953.21. The State responded in opposition on March 14, 2012. On May 18, 2012, the trial court denied the petition on the basis that is was untimely.

{¶6} Hutzler filed a notice of appeal on June 12, 2012. On appeal, Hutzler raises one assignment of error.

II.

ASSIGNMENT OF ...


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