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State v. Swank

Court of Appeals of Ohio, Tenth District

August 27, 2013

State of Ohio, Plaintiff-Appellee,
v.
Aaron Swank, Defendant-Appellant.

APPEAL from the Franklin County Court of Common Pleas.

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

Aaron Swank, pro se.

DECISION

TYACK, JUDGE.

(¶ 1} Aaron Swank is appealing from the trial court's failure to grant him relief from the sentence he received in 2003 following his convictions for involuntary manslaughter with a firearm specification, kidnapping, and felonious assault. He assigns three errors for our consideration:

Assignment of Error Number One:
The trial court erred to adjudicate Appellant's "Motion to Void Sentence" as being a "Petition for Post-Conviction Relief, " pursuant to Ohio Rev. Code § 2953.21, because his claim was independent from the application of that statute.
Assignment of Error Number Two:
The trial court erred to apply the doctrine of res judicata because its application undermined Agee v. Russell (2001), 92 Ohio St.3d 540, 751 N.E.2d 1043, and was totally unjust.
Assignment of Error Number Three:
The trial court erred and abused discretion when not allowing Appellant to defer court costs in accord with State v. White (2004), 103 Ohio St.3d 580, 817 N.E.2d 393, and Ohio Rev. Code §§ 2947.23 and 2949.19, when the record established that Appellant is indigent.

(¶ 2} In August 2012, Swank filed a "Motion to Void Sentence." On October 9, 2012, he followed this with a motion to defer court costs.

(¶ 3} The first motion argues that the trial court judge who convicted Swank and sentenced him did not comply with R.C. 2941.25, ...


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