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State v. Haynie

Court of Appeals of Ohio, Third District

September 3, 2013

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
GLEN WESLEY HAYNIE, DEFENDANT-APPELLANT.

Appeal from Marion County Common Pleas Court Trial Court No. 02-CR-0341

Glen W. Haynie, Appellant

OPINION

SHAW, J.

(¶1} Defendant-appellant, Glen Wesley Haynie ("Haynie"), appeals the February 27, 2013 judgment of the Marion County Court of Common Pleas overruling his "Petition Pursuant to R.C. 2947.23."

(¶2} On August 1, 2003, Haynie was sentenced to serve a prison term of fifteen years for his conviction for kidnapping and aggravated burglary.

(¶3} Haynie filed a timely appeal and this Court affirmed the trial court's judgment entry of conviction and sentence in State v. Haynie, 157 Ohio App.3d 708 (3d Dist. 2004).

(¶4} On October 19, 2012, Haynie pro se filed a "Petition Pursuant to R.C. 2947.23." In this "Petition, " Haynie alleged that the trial court erred when it failed to provide him notice at sentencing that he may be ordered to perform community service if he failed to pay his court costs. Haynie also alleged that the Clerk of Courts failed to collect his court costs in accordance with the relevant statutory provisions. Notably, the prosecution did not respond to Haynie's "Petition" at the trial court level and it neglected to file a brief in the instant appeal.

(¶5} On February 27, 2013, the trial court overruled Haynie's "Petition, " finding his claims were barred by res judicata.

(¶6} Haynie filed this appeal, asserting the following assignments of error.

ASSIGNMENT OF ERROR NO. I

THE COURT ERRORS [SIC] IN HOLDING THAT THE APPELLANT IS BARRED PURSUANT THE [SIC] RES JUDICATA DOCTRINE.

ASSIGNMENT OF ERROR NO. II

THE COURT ERRORS [SIC] IS [SIC] NOT ADDRESSING ALL ISSUES PRESENTED FOR RELIEF IN THE PETITION FILED BY ...


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