appeal from the Holmes County Court of Common Pleas, Case
Plaintiff-Appellee STEVE KNOWLING Assistant Prosecuting
Attorney Holmes County.
Defendant-Appellant TIMOTHY D. STEINER PRO SE.
JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
Appellant Timothy Steiner appeals the judgment entry of the
Holmes County Court of Common Pleas dismissing his petition
to vacate or set aside judgment of conviction or sentences.
Appellee is the State of Ohio.
& Procedural History
In 2015, appellant befriended a nine-year-old child after
meeting her at his daughter's slumber party. He began to
use Facebook to send the child inappropriate messages and
requests for photographs. The child's mother discovered
the messages and contacted the Holmes County Sheriff's
An officer with the Wooster Police Department who was trained
and experienced in Internet Crimes Against Children assumed
the child's identity on the Facebook account and cell
phone. Over a period of two weeks, appellant sent hundreds of
messages that became increasingly sexual in nature and
contained detailed and graphic depictions of appellant's
proposals for sexual contact with the child.
Appellant suggested a meeting take place on May 22, 2015 to
engage in sexual conduct and asked the child to prop open her
ground floor bedroom window and leave a pair of her pink
panties in the window so he would know which bedroom was
hers. Appellant detailed the sexual acts he would engage in
with the child.
The Holmes County Sheriff's Office used a vacant house to
pose as the child's home and had surveillance teams in
place to record the encounter. Appellant approached the
window, removed the panties, and attempted to open the
window. Appellant was placed under arrest.
Appellant was indicted on June 29, 2015 on one count of
attempted rape, four counts of importuning, and one count of
burglary. Appellant signed a plea of guilty form. Prior to
the plea, the prosecuting attorney amended Count 1 of the
indictment, attempted rape, to a felony of the first degree.
Based on plea negotiations, appellant entered a plea of
guilty to Counts 1, 2, 3, 4, and 5. Count 6 was dismissed by
the state. The trial court sentenced appellant to nine years
in prison on Count 1 and twenty-four months on each of the
importuning counts to be served consecutively, for a total
year of seventeen years in prison.
Appellant appealed his sentence to this Court, raising one
assignment of error, and arguing the trial court erred in
sentencing him to consecutive sentences for his felony
convictions. We overruled appellant's assignment of error
in State v. Steiner, 5th Dist. Holmes No. 15CA17,
2016-Ohio-4648 on June 27, 2016. Appellant appealed this
Court's decision to the Ohio Supreme Court on August 10,
2016. On December 28, 2016, the Ohio Supreme Court declined
jurisdiction of appellant's appeal.
On September 21, 2016, appellant filed a petition to vacate
or set aside judgment of convictions or sentence. Appellant
claimed in his petition: ineffective assistance of counsel;
that his Miranda rights were not read at the time of his
arrest; a hearsay ...