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State v. Robinson

Court of Appeals of Ohio, Tenth District

May 11, 2017

State of Ohio, Plaintiff-Appellee,
v.
William L. Robinson, Jr., Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 12CR-1868.

          On brief: Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

          On brief: William L. Robinson, Jr., pro se.

          DECISION

          HORTON, J.

         {¶ 1} Defendant-appellant, William L. Robinson, Jr., pro se, appeals the December 8, 2016 judgment of the Franklin County Court of Common Pleas denying his "Post-Conviction Petition to Vacate or Set Aside Judgement of Conviction or Sentence." For the reasons that follow, we affirm the judgment of the trial court.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} The facts of this case are stated in our prior decision affirming appellant's convictions. State v. Robinson, 10th Dist. No. 13AP-563, 2014-Ohio-520[1]. As pertinent to this appeal, on April 13, 2012, the grand jury indicted appellant for aggravated burglary and sexual battery. Appellant entered a plea of not guilty to both charges and proceeded to a jury trial. On May 10, 2013, the jury returned verdicts of guilty to both charges. The trial court sentenced appellant to an aggregate prison term of 13 years. Appellant filed a direct appeal with this court. The trial transcript was transmitted to this court on August 30, 2013. On February 13, 2014, we affirmed the judgment of the trial court. Appellant filed a delayed motion to reopen the appeal, which was denied. See State v. Robinson, 10th Dist. No. 13AP-563, 2015-Ohio-3486.

         {¶ 3} On August 22, 2016, two and one-half years after this court affirmed his convictions, appellant filed a "Post-Conviction Petition to Vacate or Set Aside Judgement of Conviction or Sentence." In his petition, appellant argued that his conviction should be vacated based on his allegation of ineffective assistance of counsel. The state filed a memorandum contra on October 3, 2016. In the decision and entry of December 8, 2016, the trial court denied appellant's petition stating "[t]his matter came before the Court on Defendant's Petition to Vacate or Set Aside Judgement of Conviction. The Court, after full and careful consideration, finds said motion not well taken and hereby DENIES the same." (Emphasis sic.)

         II.ASSIGNMENT OF ERROR

         {¶ 4} Appellant appeals, assigning the following errors for our review:

[I.] APPELLANT'S TRIAL COUNSEL PROVIDED INCOMPETENT AND INEFFECTIVE ASSISTANCE AT, BEFORE AND DURING TRIAL, IN VIOLATION OF APPELLANT'S FIFTH, SIXTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION.
[II.] THE JURY VERDICTS IN THIS CASE WERE NOT SUPPORTED BY SUFFICIENT EVIDENCE TO CONVICT ON THE CHARGE OF AGGRAVATED BURGLARY.

         III. DISCUSSION - TRIAL COURT PROPERLY DENIED THE PETITION

         {¶ 5} " '[A] trial court's decision granting or denying a postconviction petition filed pursuant to R.C. 2953.21 should be upheld absent an abuse of discretion; a reviewing court should not overrule the trial court's finding on a petition for postconviction relief that is supported by competent and credible evidence.' " State v. Sidibeh, 10th Dist. No. 12AP-498, 2013-Ohio-2309, ¶ 7, quoting State v. Gondor,112 Ohio St.3d 377, 2006-Ohio- 6679, ΒΆ 58. An abuse of discretion ...


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