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State v. Daniel

Court of Appeals of Ohio, Ninth District

August 14, 2013

STATE OF OHIO Appellee
v.
MICHAEL DANIEL Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 1998-07-1667 A

MICHAEL DANIEL, pro se, Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

CARLA MOORE, Presiding Judge.

(¶1} Defendant, Michael Daniel, appeals from the judgment of the Summit County Court of Common Pleas. We affirm.

I.

(¶2} In 1998, an indictment was filed against Mr. Daniel charging him with rape, gross sexual imposition, intimidation of a crime victim or witness, and obstructing justice. In 1999, a supplemental indictment was filed, which additionally charged Mr. Daniel with three counts each of rape and gross sexual imposition, one count of intimidation of a crime witness, and one count of obstructing justice. The supplemental indictment included in the record is not signed by the grand jury foreperson.

(¶3} Prior to trial, several charges were dismissed, leaving only the three counts of rape and the three counts of gross sexual imposition, as charged in the supplemental indictment. The case proceeded to jury trial, and the jury found Mr. Daniel guilty on all six counts. The trial court sentenced him to life in prison. Mr. Daniel appealed from his conviction, and this Court affirmed. State v. Daniel 9th Dist. Summit No. 19809, 2000 WL 1287929 (Sept.13, 2000).

(¶4} In 2012, Mr. Daniel filed a "motion to vacate void judgment of conviction, " in which he argued that because the supplemental indictment was unsigned, it was defective, and his convictions were obtained in contravention of his rights under Article I, Section 10 of the Ohio Constitution and the Fifth Amendment to the United States Constitution. In a journal entry dated September 24, 2012, the trial court denied Mr. Daniel's motion. Mr. Daniel timely appealed from the journal entry, and he now presents one assignment of error for our review.

II.

ASSIGNMENT OF ERROR

MR. DANIEL'S STATE AND FEDERAL CONSTITUTIONAL RIGHTS ARE BEING VIOLATED WHILE HE IS BEING ILLEGALLY IMPRISONED FOR AN INDICTMENT NOT LAWFULLY FOUND OR RETURNED BY A GRAND JURY.

(¶5} In his sole assignment of error, Mr. Daniel argues that his conviction is void because it was based upon charges brought against him in the supplemental indictment which was not signed by the grand jury foreperson in violation of his constitutional rights. We disagree.

(¶6} R.C. 2953.21(A)(1)(a) provides that "[a]ny person who has been convicted of a criminal offense * * * and who claims that there was such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States, * * * may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief" Therefore, "[w]here a criminal defendant, subsequent to his or her direct appeal, files a motion seeking vacation or correction of his or her sentence on the basis that his or her constitutional rights have been violated, such a motion is a petition for post[-]conviction relief as defined in R.C. 2953.21." State v. Reynolds, 79 Ohio St.3d 158 (1997), ...


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