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State v. Tayse

Court of Appeals of Ohio, Ninth District, Summit

May 17, 2017

STATE OF OHIO Appellee
v.
JIMMY TAYSE Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 07 04 1285

          APPEARANCES: JIMMY TAYSE, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          CARR, Judge.

         {¶1} Appellant, Jimmy Tayse, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} In 2007, Tayse was convicted of numerous felony offenses in the Summit County Court of Common Pleas. The horrific circumstances which gave rise to Tayse's convictions commenced when he climbed into the backseat of an SUV in the parking lot of a grocery store in Pennsylvania and put a knife to a baby's neck. Tayse demanded that the mother of the baby, who was the driver of the SUV, drive him out of town. Tayse forced the mother to drive him to several locations in Northeast Ohio. Tayse was eventually apprehended, but not before he raped the mother multiple times, committed numerous additional offenses, and was involved in a dangerous car chase with police. Tayse was convicted of fourteen offenses including felonious assault, multiple counts of rape, and multiple counts of kidnapping. Tayse was also convicted of numerous sexually violent predator and repeat violent offender specifications. All of Tayse's convictions were affirmed on direct appeal with the exception of his conviction for disrupting public services, which was reversed on sufficiency grounds. State v. Tayse, 9th Dist. Summit No. 23978, 2009-Ohio-1209.

         {¶3} In the years following his direct appeal, Tayse filed a bevy of motions in the trial court challenging his convictions. In 2013, Tayse unsuccessfully moved the trial court for postconviction relief. This Court affirmed the trial court's dismissal of the petition on appeal. State v. Tayse, 9th Dist. Summit No. 27050, 2013-Ohio-5801.

         {¶4} On November 20, 2015, Tayse filed a pro se "motion to vacate void judg[]ment and issue a judg[]ment entry that complies with [Crim.R. 32(C)]." Therein, Tayse maintained that the trial court never issued a final, appealable order in this matter. The State filed a memorandum in opposition to the motion. On May 17, 2016, the trial court issued an order denying Tayse's motion.

         {¶5} On appeal, Tayse raises two assignments of error.

         II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED IN FAILING TO COMPLY WITH THE MANDATE OF CRIM[.]R[] 32(C), WHICH FAILED TO MAKE CASE NO. ...


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