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State v. Brooks

Court of Appeals of Ohio, Ninth District, Summit

May 17, 2017

STATE OF OHIO Appellee
v.
MAURICE EDWARD LAPAUL BROOKS Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 1992 09 2196 (A)

          MAURICE EDWARD LAPAUL BROOKS, pro se, Appellant.

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

          DECISION AND JOURNAL ENTRY

          TEODOSIO, Judge.

         {¶1} Appellant, Maurice Edward LaPaul Brooks, appeals from an order denying his petition for post-conviction relief by the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} In 1993, Mr. Brooks was convicted of three counts of aggravated murder with firearm and death specifications and was sentenced to death. The convictions and death sentences were affirmed on appeal. State v. Brooks, 9th Dist. Summit No. 16192, 1994 WL 362143 (July 13, 1994). The Supreme Court of Ohio affirmed the convictions, but reversed the death sentences and remanded for resentencing. State v. Brooks, 75 Ohio St.3d 148, 1996-Ohio-134. The trial court resentenced Mr. Brooks to three consecutive life sentences with parole eligibility after ninety years. The State appealed, but the life sentences were affirmed on appeal. State v. Brooks, 118 Ohio App.3d 444 (9th Dist.1997).

         {¶3} In 2008, Mr. Brooks filed a common law petition to vacate void judgment, arguing that his true name is Maurice Edward LaPaul Brooks, not the name listed on the indictment, to wit: Antonio M. Brooks. The trial court denied the petition as "an untimely petition for post-conviction relief and/or a misfiled petition for writ of habeas corpus." The decision was affirmed on appeal. State v. Brooks, 9th Dist. Summit No. 24510, 2009-Ohio-2341. In 2010, the trial court denied another untimely petition for post-conviction relief, but Mr. Brooks did not appeal.

         {¶4} In 2016, Mr. Brooks filed another petition for post-conviction relief, which was denied. Mr. Brooks now appeals from the trial court's order denying his most recent petition for post-conviction relief and raises two assignments of error for this Court's review.

         {¶5} For ease of analysis, we consolidate Mr. Brooks' first and second assignments of error.

         II.

ASSIGNMENT OF ERROR ONE
DID THE TRIAL COURT ERR WHEN IT EXCEEDED SUBJECT-MATTER JURISDICTION IN SENTENCING APPELLANT AS ONE "ANTONIO M. BROOKS" UNDER THE NAME WILLFULLY GIVEN BY THE STATE OF OHIO [SUMMIT COUNTY, OHIO] AND WITHOUT ALLEGING ANY MISNOMER WHILE APPELLANT'S TRUE IDENTITY WAS AVAILABLE IN VIOLATION OF R.C. 2941.03(C) & R.C. 2941.17 AND THE UNITED ...

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