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State v. Williams

Court of Appeals of Ohio, Fourth District

June 27, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
TIMOTHY T. WILLIAMS, Defendant-Appellant.

CRIMINAL APPEAL FROM COMMON PLEAS COURT

APPELLANT PRO SE: Timothy T. Williams Pro Se.

COUNSEL FOR APPELLEE: J.B. Collier, Jr., Lawrence County Prosecuting Attorney, and Robert C. Anderson, Lawrence County Assistant Prosecuting Attorney.

DECISION AND JUDGMENT ENTRY

Peter B. Abele, Judge.

{¶ 1} This is an appeal from a Lawrence County Common Pleas Court judgment that overruled a "motion to vacate" filed by Timothy T. Williams, defendant below and appellant herein. Appellant assigns the following errors for review:[1]:

FIRST ASSIGNMENT OF ERROR:
"INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL ON
NOVEMBER 4, 2010."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT COMMITTED PLAIN ERROR BY NOT TREATING THE FIVE OFFENSES AS ALLIED OFFENSES OF SIMILAR IMPORT" THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY DISMISSING THE APPELLANT [sic] MOTION TO VACATE, R.C. 2953.21 FILED ON SEPT. 5, 2012."
FOURTH ASSIGNMENT OF ERROR:
"APPELLANT [sic] MOTION TO VACATE R.C. 2953.21 WAS FACIALLY VALID, PURSUANT TO R.C. 2953.23(A)(1)(2), [sic] AND THE MARCH 21, 2012 [sic] OF THE U.S. SUPREME COURT DECISION, MISSOURI -v- FRYE, 132 S.Ct. 1399."

{¶ 2} In 2010, appellant pled guilty, and was convicted, of three counts of aggravated drug trafficking and two counts of aggravated possession of drugs. Appellant received a cumulative eight year ...


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