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State v. Robinson

Court of Appeals of Ohio, Ninth District, Summit

June 7, 2017

STATE OF OHIO Appellee
v.
JACKIE N. ROBINSON Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 79 03 0319 A

          APPEARANCES: JACKIE N. ROBISNON, pro se, Appellant.

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

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL JUDGE.

         {¶1} Jackie Robinson appeals an order of the Summit County Court of Common Pleas that denied his motion to correct sentencing. For the following reasons, this Court affirms.

         I.

         {¶2} In 1979, a jury found Mr. Robinson guilty of aggravated robbery, carrying a concealed weapon, and having a weapon under disability. The trial court sentenced him to a combined term of nine to forty years imprisonment. On appeal, this Court upheld his conviction and sentence. In subsequent years, Mr. Robinson filed a series of motions, requesting that his convictions be set aside or his sentence corrected. The trial court denied each of his motions. At issue in this appeal is a motion to correct sentence that Mr. Robinson filed on May 12, 2016. The trial court denied it without explanation on May 23, 2016. Mr. Robinson has timely appealed, assigning 16 errors, which this court will address together.

         II.

         ASSIGNMENT OF ERROR I

         WAS IT ERROR TO CONTINUE TO PROSECUTE MR. ROBINSON AFTER THE DISMISSAL OF THE INDICTMENT BY THE MUNICIPAL COURT.

         ASSIGNMENT OF ERROR II

         WAS IT ERROR TO SECRETLY INDICT MR. ROBINSON UNDER THE CAREER CRIMINAL PROGRAM, WHEN KNOWING THAT HE DID NOT FALL WITHIN THE CRITERIA.

         ASSIGNMENT OF ERROR III

         WAS IT ERROR TO PUT MR. ROBINSON TO TRIAL AFTER THE COURT GRANTED A MOTION TO SUPPRESS THE ...


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