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State v. Yates

Court of Appeals of Ohio, Second District

August 2, 2013

STATE OF OHIO Plaintiff-Appellee
v.
REJUAN YATES Defendant-Appellant

Criminal Appeal from (Common Pleas Court) Trial Court Case No. 09-CR-3827

MATHIAS H. HECK, JR., by KIRSTEN A. BRANDT, Atty. Reg. #0070162, Attorney for Plaintiff-Appellee

REJUAN YATES, #A628-593, Defendant-Appellant, pro se

OPINION

FAIN, P.J.

{¶ 1} Defendant-appellant Rejuan Yates appeals from an order dismissing his petition for post-conviction relief. Yates contends that the trial court erred in finding that his petition was untimely. Yates further contends that he submitted sufficient evidence to establish ineffective assistance of trial counsel.

{¶ 2} We conclude that Yates's petition for post-conviction relief was untimely. Accordingly, the judgment of the trial court is Affirmed.

I. Course of the Proceedings

{¶ 3} In February 2010, pursuant to a negotiated plea agreement, with a motion to suppress pending, Rejuan Yates pled guilty to Possession of Heroin, a second-degree felony. The plea agreement provided for a two-year sentence. Before releasing him on bond, the trial court made it clear to Yates that this two-year sentence was conditioned on Yates appearing at his presentence-investigation interview and appearing at his March 10 sentencing hearing. The trial court explained that it could sentence him to up to eight years if he failed to show up at the interview and sentencing hearing.

{¶ 4} Yates failed to show up for either the interview or sentencing hearing. The trial court issued a warrant for his arrest, and Yates was later found and arrested in Cincinnati. After the sentencing hearing, the trial court imposed a five-year prison sentence and a fine of $7, 500. Yates appealed from his conviction and sentence. We reversed the sentence imposed on Yates, because it was unclear whether Yates or his counsel had an opportunity to review a bond report prior to sentencing and whether the trial court considered the bond report for purposes of sentencing. We remanded the cause for resentencing. State v. Yates, 195 Ohio App.3d 33, 2011-Ohio-3619, 958 N.E.2d 640 (2d Dist).

{¶ 5} On remand, the trial court again imposed a prison sentence of five years. Yates appealed from his sentence, raising five assignments of error relating to his prison sentence and fine. We overruled the five assignments of error and affirmed. State v. Yates, 2d Dist. Montgomery No. 24823, 2012-Ohio-1781.

{¶ 6} On April 11, 2012, Yates filed a petition for post-conviction relief, contending that his trial counsel provided ineffective assistance of counsel by failing to investigate material witnesses and by using incorrect information to coerce Yates into entering a guilty plea. The State moved to dismiss the petition as untimely, contending that Yates failed to comply with the 180-day filing requirement in R.C. 2953.21(A)(2). The trial court dismissed Yates's petition for post-conviction relief as untimely.

{¶ 7} From the order dismissing his petition, Yates appeals.

II. Yates's Petition Is Untimely

{¶ 8} Yates's Second Assignment of Error ...


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