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State v. Holland

Court of Appeals of Ohio, Fifth District

September 10, 2013

STATE OF OHIO Plaintiff-Appellee
v.
BRIAN E. HOLLAND Defendant-Appellant

Appeal from the Licking County Court of Common Pleas, Case No. 10 CR 00628

For Plaintiff-Appellee: KENNETH W. OSWALT LICKING CO. PROSECUTOR

For Defendant-Appellant: BRIAN E. HOLLAND, PRO SE #647-963

Hon. Sheila G. Farmer, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Delaney, J.

(¶1} Appellant Brian E. Holland appeals from the June 10, 2013 judgment entry of the Licking County Court of Common Pleas overruling his motion regarding an "illegal complaint." Appellee is the state of Ohio.

FACTS AND PROCEDURAL HISTORY

(¶2} A statement of the facts underlying appellant's conviction is not necessary to our resolution of this appeal.

(¶3} Appellant was charged by indictment with one count of illegal manufacture of methamphetamine pursuant to R.C. 2925.04(A)(C)(3)(a), a felony of the second degree, and one count of illegal assembly of chemicals with intent to manufacture methamphetamine pursuant to R.C. 2925.041(A)(C)(1), a felony of the third degree. Appellant was found guilty as charged upon trial by jury and sentenced to a prison term of seven years. We affirmed appellant's convictions and sentence in State v. Holland, 5th Dist. Licking No. 11-CA-47, 2013-Ohio-904, appeal not allowed, 136 Ohio St.3d 1404, 2013-Ohio-2645, 989 N.E.2d 1020.[1]

(¶4} On May 3, 2013, appellant filed a "Motion Subject Matter Jurisdiction InValid Complaint (sic)" in the trial court, asserting the original complaint filed in municipal court was invalid pursuant to Crim.R. 3 and therefore the resulting judgment was a nullity. On June 10, 2013, the trial court overruled appellant's motion by Judgment Entry, noting appellant was duly indicted by grand jury on November 12, 2010.

(¶5} Appellant now appeals from the judgment entry of the trial court.

(¶6} This case comes to us on the accelerated calendar. App.R. 11.1 governs accelerated-calendar cases and states in pertinent part:

(E) Determination and judgment on appeal.
The appeal will be determined as provided by ...

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