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State v. Hare

Court of Appeals of Ohio, Fifth District, Delaware

July 15, 2013

STATE OF OHIO Plaintiff-Appellee
v.
MONTY SCOTT HARE Defendant-Appellant

Appeal from the Delaware County Court of Common Pleas, Case No. 05 CR I 01 0047

For Plaintiff-Appellee: CAROL HAMILTON O'BRIEN, BRIAN J. WALTER, Delaware County Prosecutor's Office.

For Defendant-Appellant: KATHERINE A. SZUDY Assistant State Public Defender Assistant Prosecuting Attorney.

JUDGES: Hon. William B. Hoffman, P.J., Hon. Patricia A. Delaney, J., Hon. Craig R. Baldwin, J.

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Monty Scott Hare appeals the judgment entered by the Delaware County Court of Common Pleas denying his motion for an allied-offense analysis. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE[1]

{¶2} Appellant was convicted on two counts of kidnapping, and one count each of domestic violence, theft, receiving stolen property, burglary, aggravated menacing, and abduction. Appellant filed a notice of appeal with this court. While his direct appeal was pending, Appellant also filed with the trial court a petition for post-conviction relief.

{¶3} On July 27, 2006, this court announced its opinion in Appellant's direct appeal, State v. Hare, 5th Dist. No. 05CAA06038, 2006-Ohio-3926. In that opinion, we affirmed Appellant's convictions, but reversed his sentence, citing State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. We remanded the matter to the trial court for re-sentencing.

{¶4} Appellant was re-sentenced by the trial court on August 14, 2006. As memorialized by the judgment entry filed on August 15, 2006, Appellant was sentenced to a total of twelve years in prison. The trial court also found Appellant was able to work and ordered Appellant to pay "all prosecution costs, court-appointment counsel costs and any fees permitted pursuant to R .C. 2929.18(A)(4), for which, all sums judgment is hereby rendered." Judgment Entry, August 15, 2006.

{¶5} The trial court also denied Appellant's petition for post-conviction relief. On October 20, 2006, the trial court made findings of fact and conclusions of law, finding Appellant's petition was barred by the principles of res judicata because this court had already ruled on the issues Appellant raised.

{¶6} Appellant filed an affidavit of indigency with the trial court on November 20, 2006. Appellant filed an appeal of the trial court's decision to deny his petition for post-conviction relief. We affirmed the trial court's decision in State v. Hare, 5th Dist. No. 06-CAA-11-0088, 2007-Ohio-2802.

{¶7} On January 4, 2008, Appellant filed a motion for writ of coram vobis with the trial court to prohibit the Clerk of Courts from assessing or collecting court costs in his underlying criminal case (Case No. 05CR-I-01-0047) and the appeal of the denial of his petition for post-conviction relief (Case No. 06-CAA-11-0088). The trial court denied his motion, finding the trial court was permitted to assess costs and the Clerk of Courts could attempt to collect those costs from an indigent defendant. Judgment Entry, Jan. 22, 2008.

{¶8} Appellant filed a notice of appeal of the decision and affidavit of indigency on February 28, 2008. This court dismissed Appellant's appeal on March 18, 2008 for being untimely filed. Appellant filed a motion for leave to file a delayed appeal. We granted Appellant's motion on April 18, 2008. On June 25, 2008, we affirmed the trial court's ...


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