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State v. Poulton

Court of Appeals of Ohio, Fifth District, Muskingum

January 9, 2017

STATE OF OHIO Respondent-Appellee
v.
ADAM C. POULTON Petitioner-Appellant

         Appeal from the Muskingum County Court of Common Pleas, Case No. CR2013-0011

          For Respondent-Appellee D. MICHAEL HADDOX Prosecuting Attorney By: GERALD V. ANDERSON II Assistant Prosecuting Attorney

          For Petitioner-Appellant ADAM C. POULTON, PRO SE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J.

          OPINION

          Hoffman, J.

         {¶1} Petitioner-appellant Adam C. Poulton appeals the May 9, 2016 Judgment Entry entered by the Muskingum County Court of Common Pleas setting forth findings of fact and conclusions of law relative to the trial court's July 9, 2015 denial of Appellant's petition to vacate or set aside judgment of conviction or sentence pursuant to R.C. 2953.21. Respondent-appellee is the state of Ohio.

         STATEMENT OF THE CASE[1]

         {¶2} On January 16, 2013, the Muskingum County Grand Jury indicted appellant on the following charges:

         {¶3} 1) Aggravated Robbery with a firearm specification and repeat violent offender specification, a felony of the first degree, R.C. 2911.01(A)(1), 2941.145, and 2941.149;

         {¶4} 2) Aggravated Robbery with a firearm specification and repeat violent offender specification, a felony of the first degree, R.C. 2911.01(A)(3), 2941.145, and 2941.149;

         {¶5} 3) Felonious Assault with a firearm specification and repeat violent offender specification, a felony of the second degree, R.C. 2903.11(A)(1), 2941.145, and 2941.149;

         {¶6} 4) Theft (motor vehicle), a felony of the fourth degree, R.C. 2913.02(A)(1);

         {¶7} 5) Having a Weapon While Under Disability, a felony of the third degree, R.C. 2923.13(A)(2);

         {¶8} 6) Having a Weapon While Under Disability, a felony of the third degree, R.C. 2923.13(A)(3);

         {¶9} 7) Theft ($1, 000-$7, 500), a felony of the fifth degree, R.C. 2913.02(A)(1).

         {¶10} Appellant appeared with his attorney for arraignment on January 23, 2013, at which time he entered pleas of not guilty to all of the aforesaid counts.

         {¶11} On March 26, 2013, Appellant's trial attorney filed a written motion to withdraw as counsel. The trial court denied ...


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