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State v. Kulyk

Court of Appeals of Ohio, Fifth District

June 20, 2013

STATE OF OHIO Plaintiff-Appellee
v.
JOHN W. KULYK Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 09 CR 104

For Plaintiff-Appellee DANIEL G. PADDEN PROSECUTING ATTORNEY.

For Defendant-Appellant JOHN W. KULYK HOCKING CORRECTIONAL FACILITY.

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

WISE, J.

{¶1} Defendant-Appellant appeals the judgment of the Guernsey County Court of Common Pleas dismissing his delayed petition for post conviction relief.

{¶2} This case comes to us on the accelerated calendar. App.R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:

{¶3} (E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form."

{¶4} One of the important purposes of the accelerated calendar is to enable an appellate court to render a brief and conclusionary decision more quickly than in a case on the regular calendar where the briefs, facts and legal issues are more complicated. Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (10th Dist.1983).

{¶5} This appeal shall be considered in accordance with the aforementioned rule.

STATEMENT OF THE FACTS AND CASE

{¶6} On July 29, 2009, the Guernsey County Grand Jury indicted Appellant on one count of robbery, a felony of the second degree, in violation of R.C. §2911.02, two counts of assault, misdemeanors of the first degree, in violation of R.C. §2903.13, and one count of theft, a misdemeanor of the first degree, in violation of R.C. §2913.02.

{¶7} Appellant proceeded to a jury trial on November 5 and 6, 2009, and was found guilty of all charges.

{¶8} On November 23, 2009, the trial court sentenced Appellant to six years on his robbery conviction and a six month sentence on each of the misdemeanors, to run ...


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