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State v. Sparks

Court of Appeals of Ohio, Tenth District

August 20, 2013

State of Ohio, Plaintiff-Appellee,
v.
Wayne A. Sparks, Defendant-Appellant.

APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 11CR-03-1336)

Ron O'Brien, Prosecuting Attorney, and Laura R. Swisher, for appellee.

Wayne A. Sparks, pro se.

DECISION

SADLER, J.

(¶ 1} Defendant-appellant, Wayne A. Sparks, appeals from the judgment of the Franklin County Court of Common Pleas denying his motion to vacate sentence and void conviction without a hearing. For the reasons that follow, we affirm the judgment of the trial court.

I. FACTS AND PROCEDURAL HISTORY

(¶ 2} According to this court's decision in appellant's direct appeal, appellant was indicted on March 10, 2011 on one count of aggravated burglary, in violation of R.C. 2911.11, two counts of aggravated robbery, in violation of R.C. 2911.01, four counts of robbery, in violation of R.C. 2911.02, two counts of kidnapping, in violation of R.C. 2905.01, and one count of having a weapon while under disability, in violation of R.C. 2923.13. The charges arose out of a robbery of a residence that occurred on November 21, 2010. State v. Sparks, 10th Dist. No. 11AP-702, 2012-Ohio-2653. The matter came for trial before a jury beginning June 27, 2011. Id. Following deliberations, the jury returned verdicts finding appellant guilty on all counts. Id. By judgment entry filed August 3, 2011, the trial court sentenced appellant to an aggregate term of incarceration consisting of 26 years.

(¶ 3} Appellant filed a direct appeal raising two assignments of error. In those assigned errors, appellant argued the introduction of extrinsic evidence violated his constitutional rights, his convictions were against the manifest weight of the evidence, and his convictions were not supported by sufficient evidence. This court overruled appellant's two assignments of error and affirmed appellant's convictions and sentence. The Supreme Court of Ohio declined review. State v. Sparks, 133 Ohio St.3d 1425, 2012-Ohio-4902.

(¶ 4} On November 23, 2012, appellant filed a motion to vacate and void conviction on the basis that his statutory speedy trial rights were violated because he did not consent to any continuances of his trial date. By entry filed November 28, 2012, the trial court denied appellant's motion.

II. ASSIGNMENT OF ERROR

(¶ 5} This appeal followed, and appellant brings the following assignment of error for our review:

Trial Counsel gave falsifying information to acquire waiver of "Speedy Trial" against Defendant[']s consent.

III. DISCUSSION

(¶ 6} We construe appellant's motion to vacate sentence and void conviction as a petition for post-conviction relief. See State v. Reynolds, 79 Ohio St.3d 158, 160 (1997) ("where 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 postconviction relief as defined in R.C. 2953.21"). See also State v. Holdcroft, 3d Dist. No. 16-06-07, 2007-Ohio-586, ΒΆ 11 (treating defendant's motion to vacate or set aside sentence imposed pursuant to R.C. 2941.25 as a petition for post-conviction relief since it was filed subsequent to the direct ...


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