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State v. Joseph

Court of Appeals of Ohio, Fifth District

July 11, 2013

STATE OF OHIO Plaintiff-Appellee
v.
DAVID A. JOSEPH, SR. Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 2010 CR 00008

For Plaintiff-Appellee CHRISTOPHER A. REAMER.

For Defendant-Appellant DAVID A. JOSEPH, SR., PRO SE.

Hon. Sheila G. Farmer, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

FARMER, J.

{¶1} On January 4, 2010, the Licking County Grand Jury indicted appellant, David Joseph, Sr., on eight counts of passing bad checks in violation of R.C. 2913.11. On March 15, 2010, appellant pled no contest to the charges. By entry filed same date, the trial court found appellant guilty and sentenced him to an aggregate term of five years in prison.

{¶2} On August 27, 2012, appellant filed a motion for resentencing, claiming his sentence and the trial court's orders on restitution were void and/or voidable. On September 20, 2012, appellant filed a motion to recuse the judge as the trial court judge was a defendant in a civil action filed by appellant in federal court. By judgment entry filed September 26, 2012, the trial court denied appellant's motion to recuse. By judgment entry filed September 28, 2012, the trial court denied appellant's motion for resentencing. By judgment entry filed October 2, 2012, the trial court again denied the motion for resentencing, finding the issue was barred under the doctrine of res judicata as appellant did not object to nor file an appeal on the restitution orders.

{¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶4} "THE TR. CT. ERRED IN REFUSING TO RECUSE HIMSELF."

II

{¶5} "TR. CT. IMPROPERLY APPLIED THE DOCTORINE (SIC) OF RES JUDICATA."

III

{ΒΆ6} "STATE FAILED TO TIMELY SERVE DEFENDANT WITH ...


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